Civil Writ Petition No.14075 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 4.11.2008 Harnek Singh and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE NAWAB SINGH Present:- Mr.M.S.Joshi, Advocate for the petitioners. Mr.Sandeep Moudgil, D.A.G. Punjab for respondents No.1,3 and 9. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? HEMANT GUPTA, J. The petitioners have invoked the writ jurisdiction of this Court for handing over the investigation of case FIR No.53 dated 17.5.2007 under Sections 148, 186, 188, 295, 302, 307, 353, 427 and 436 read with Section 149 IPC and 25/27 of the Arms Act, Police Station City Sunam (Annexure P9) along with FIR No.52 dated 17.5.2007 pertaining to the incident of the same date to any independent agency like the Central Bureau of Investigation (for short “CBI”). The petitioners are said to be the followers of Dera Sacha Sauda, Sirsa. It is the case of the petitioners that in the assembly elections all the Dera followers had decided to vote for Congress Party, but in the assembly elections held in February 2007, the Shiromani Akali Dal Badal led by Shri Parkash Singh Badal formed Civil Writ Petition No.14075 of 2007 2 the Government and declared to take action against Dera followers. It is pointed out that Sikh community instigated the people against the followers of Dera Sacha Sauda, Sirsa on account of alleged wearing of dress by the head of the Dera resembling with the dress of Shri Guru Gobind Singh Ji. Therefore, on 17.5.2007, a mob including the bad elements openly carrying swords, gandasas, lathis and guns attacked the Nam Charcha Ghar Sunam at Cheema, Mansa Road, Sunam on the basis of which, FIR No.52 dated 17.5.2007 was recorded. The petitioners have produced video CD in respect of coverage of the whole incident. It is also pointed out that on the basis of concocted story, an FIR was lodged by one Kuldeep Singh son of Ronak Singh. It is further pointed out that FIR Nos.52 and 53 dated 17.5.2007 are regarding the same incident establishes that the victims/innocent persons have been made accused in the present case to conceal the negligent attitude of the police present at the spot at the time of occurrence and it is an attempt to hide the crime committed by the police itself. In view of said fact, the petitioners have sought handing over the investigation of the aforesaid FIRs to CBI. Counsel for the petitioners relies on Supreme Court judgment reported as T.T.Antony Versus State of Kerala, (2001) 6 SCC 181 to contend that in respect of one incident, there cannot be two FIRs, therefore, the entire proceedings are vitiated. Learned State counsel has pointed out that the report under Section 173 of the Code of Criminal Procedure (for short “Cr.PC”) has been filed before the competent Court and the case is now fixed for prosecution evidence. Civil Writ Petition No.14075 of 2007 3 Since the investigations have been completed, therefore, prayer of the petitioners to hand over the investigation to any independent agency at this stage is not tenable. In any case, the petitioners have remedy to make grievance before the trial Court before whom the proceedings are pending for further investigations. We do not find that any further orders are called for at this stage from this Court. It is open to the petitioners to make grievance in respect of lack of proper investigation or involvement of other accused before the Court which is seized of the trial. The present writ petition is disposed of in terms of the said observations. (HEMANT GUPTA) JUDGE (NAWAB SINGH) 4.11.2008 JUDGE AS