CRM No. M 28847 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 28847 of 2009 Date of decision: 01.03.2011 Smt. Rani ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. R S Mamli, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C for directing the official respondents to conduct fair and proper investigation in FIR No. 72 dated 12.06.2009 under Section 302, 34 IPC, Police Station Makhu, District Ferozepur and to arrest the accused persons and further hand over the investigation to some other independent agency. On 27.01.2010, the following order was passed:- “ Learned State counsel prays for time to file status report in this case. Adjourned to 18.03.2010. Meanwhile, the Senior Superintendent of Police, Ferozepur is also directed to file status report with CRM No. M 28847 of 2009 2 respect to the investigation in case FIR No. 72 dated 12.06.2009 registered under Section 302, 34 IPC at Police Station Makhu, District Ferozepur.” In pursuance to the said order, a short affidavit of Surinder Pal Singh Parmar, SSP, Ferozepur has been filed. As per the said affidavit, a Special Investigation Team consisting of Harjit Singh Pannu, PPS, Superintendent of Police (D) Ferozoepur, Wazir Singh, PPS, DSP, Zira and SI/SHO Jaswant Singh, Police Station Makhu, District Ferozepur was constituted. After investigation, it was revealed that Sukha Singh deceased was an addict of narcotics. On 07.12.2005, he had gone to Bus Stand Zira and hired Car of Gurmej Singh son of Piyara Singh Jheer resident of Botiyan Wala, Police Station Zira to go to village Lohgarh in the area of police Station Sadar Ferozepur to DERA of one Baba Parkash Chand. On reaching there, he vomited, on which, the Baba of DERA deputed his son namely, Sukhjeet Singh alias Damru to take him to Kalra Hospital, Makhu in the same Car. On reaching the Hospital, he was declared dead by the doctor. The matter was thoroughly investigated. However, no evidence was available to identify the real accused who administered poison to him. Detail of the steps taken by the SIT to investigate have also been mentioned in para 5 of the aforesaid affidavit. Accordingly, from the interrogation and deep probe by the Special Investigation Team, no concrete clue regarding the involvement of alleged accused was found. Mr. K S Pannu, DAG, Punjab, on instructions from Head Constable Judge Singh, states that un-traced report has been prepared and the same has been duly approved by the Senior Superintendent of Police which is likely to be filed in the concerned Court. CRM No. M 28847 of 2009 3 In view of the above, the present petition is disposed of with a direction that in case, the said report is submitted before the trial Court, the petitioner shall be at liberty to raise all the objections or file a protest petition before the trial Court as advised which shall be decided in accordance with law. At the stage, learned counsel for the petitioner insisted that the matter be handed over to another investigating agency. However, taking into account the fact that a thorough investigation was conducted coupled with the fact that the same was conducted by the Special Investigation Team consisting of senior officers and no allegation of mala fide has been alleged against the officers who conducted the investigation, this Court does not find any basis to hand over the investigation of the present case to any other agency. Disposed of in the above terms. (Nirmaljit Kaur) Judge 01.03.2011 mohan