IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.10184-M of 2009 Date of Decision:13.9.2010 Brij Bhushan .... Petitioners Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Munish Bhardwaj, Advocate for the petitioners. Ms. Preeti Chaudhary, A.A.G. Haryana. Mr. Sandeep Kotla, Advocate for the respondents. **** 1.Whether Reporters of Local Newspapers 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? NIRMALJIT KAUR, J.(Oral) This is a petition under Section 482 Cr.P.C. for issuance of directions to respondents No.2 and 3 to conduct proper investigation and register FIR against respondents No.4 and 5 for committing murder of sister of the petitioner and also for committing dacoity in her house. Learned counsel for the petitioner contends that sister of the petitioner was murdered. The petitioner expressed suspicion upon respondents No.4 and 5. The said occurrence took place on the intervening night of 4/5 April, 2008. No FIR was registered. It is stated that the deceased was working in the office BBMB at Panipat. On the intervening night of 4/5 April, 2008, she was brutally murdered. Her valuable articles and the wearing jewelry were missing. Photographs Annexures P-1 and P-2 are placed on record. The dead body was lying on the floor. The personal belongings were lying scattered and the whole room was ransacked. The photographs would raise suspicion in the mind of any person seeing the same and in fact the entire scenario in the photographs is self explanatory. Still, no FIR was registered. Upon notice, status report dated 8.9.2010 of Rajender Singh IPS, Superintendent of Police, Panipat has been filed. The said report, which is now after almost 2 years, indicates that FIR No.383 dated Crl. M. No.10184-M of 2009 -2- 20.8.2010 under Section 460 IPC Police Station Model Town has been finally registered. Learned counsel appearing on behalf of the State on instructions from DSP, Mr. P.S. Sheokand has placed on record certain documents to show that the FIR was not registered at the first instance on account of the post mortem report and the opinion of the Board. It is further stated that the death was on account of sudden cardiac arrest. At the same time, it is not denied that the body had abrasion on the neck. The photographs too are not denied. It is also not denied that the condition and the state in which body and the room was lying pointed to some untoward incident which took place and has resulted in the death of the deceased. SI Prithivi Raj is stated to have visited the spot and also prepared the inquest report. Surprisingly, no FIR was registered. The FIR is registered only now after almost 2 years of the said incident. Accordingly, the instant petition stands disposed with a direction to the Superintendent of Police, Panipat, to hold enquiry and take appropriate action in accordance with law against the officer concerned, who was responsible for not registering the FIR at the first instance. Meanwhile, it is expected that the investigation in the FIR which is now registered, shall be conducted properly and in a fair manner by an officer not below the rank of DSP. Copy of the order be given dasti under the signatures of Court Reader. 13.9.2010 ( NIRMALJIT KAUR ) rajeev JUDGE