CWP No. 10834 of 2008 Court on its own motion Versus State of Haryana etc. Present: Mr. B.S.Rana, Addl. Advocate General, Haryana Mr. O.S.Batalvi, Advocate for C.B.I. *** A Single Judge of this Court had on the basis of certain press reports taken cognizance of an incident involving rape of one Sarita wife of Shri Subhash by two police officials posted with Crime Investigating Agency at Rohtak. The press reports and the order passed by the learned Single Judge eventually were registered as Civil Writ Petition No. 10834 of 2008 in which directions were issued to the State of Haryana to file a detailed report regarding the circumstances leading to the tragic incident which culminated in a suicide committed by the victim of the assault. On 2.7.2008, this Court was informed that the State Government had requested the Government of India to issue necessary instructions to the Central Bureau of Investigation to take over the investigation of the case in order to ensure a free, fair and prompt investigation into the incident and that the State Government had already given its consent for such investigation in terms of Section 6 of the Delhi Special Police Establishment Act, 1946. Subsequent orders passed by this Court directed the Central Bureau of Investigation to complete the investigation expeditiously and to submit a status report regarding the progress made in this regard to this Court. Mr. Batalvi, learned counsel appearing for the Central Bureau of Investigation has now filed a report in a sealed cover pointing out that a challan pursuant to FIR No. 341 dated 31.5.2008 initially registered in Police Station City, Rohtak for offences under Sections 376 (2)(a)(g) and 506/34 Indian Penal Code has already been filed by the Investigating Agency in the Court of learned Special Judicial Magistrate Ist Class, CBI, Ambala on 9.9.2008. It also states that the said case stands committed to the Court of Addl. Sessions Judge, Ambala for trial who has already framed the charges against both the accused persons on CWP No. 10834 of 2008 [2] 24.02.2009 and the case is now fixed for prosecution evidence. The status report goes on to suggest that the challan against five other police officials, namely, Head Constable Ram Phal, E.H.C. Ram Dhari, EHC Randhir Singh, EHC Balraj and Constable Silak Ram for offences punishable under Sections 120-B read with Sections 342 and 218 of Indian Penal Code shall be filed against them on receipt of requisite sanction from the State Government. Mr. Rana, learned Addl. Advocate General submits that the requisite sanction has already been granted to the prosecuting agency in terms of order dated 18.03.2009, a copy whereof has been placed on record. The status report further states that another challan for offences punishable under Sections 306, 506 and 120-B of Indian Penal Code shall be filed on receipt of the requisite sanction from the State Government. Mr. Rana, points out that the requisite sanction for prosecution of the accused persons in the said case has also been granted on 18.03.2009, a copy whereof has been placed on record by him. Besides the above departmental action for a major penalty has also been recommended by the Central Bureau of Investigation against Shri Hanif Qureshi, IPS, the then Superintendent of Police, Rohtak, Shri Anil Dawra, IPS, the then IGP, Rohtak Range, Rohtak and Shri Sajjan Singh, the then Addl. Superintendent of Police, Rohtak for various omissions on their part in dealing with the complaint lodged by Sarita deceased. It is submitted by learned counsel for the respondents that in the light of the completion of the investigation and the grant of sanction by the competent authority, the accused persons who have been found to be guilty during the course of investigation, would now face their trial before the competent Court and that nothing further survives for consideration in the present proceedings. It is urged that so far as the departmental action recommended by the Central Bureau of Investigation is concerned, the competent authority would initiate appropriate proceedings based on the said recommendations and complete the same within such time frame as may be fixed by this Court. CWP No. 10834 of 2008 [3] In the circumstances, therefore, and keeping in view the submissions made at the bar, we dispose of this writ petition with the observation that the Investigating Agency shall file the charge-sheets if not already filed in the competent Courts expeditiously but not later than four weeks from today. Mr. Rana shall handover copies of the sanction letters/orders issued by the State Government to the Central Bureau of Investigation for onward transmission to the Investigating Agency. We further direct that the departmental action recommended by the Central Bureau of Investigation against the officers mentioned above shall also be initiated expeditiously and completed as far as possible within six months from the date of this order. No costs. (T.S.THAKUR) CHIEF JUSTICE (HEMANT GUPTA) JUDGE 19.03.2009 'ravinder'