CRM No. M 35643 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 35643 of 2009 Date of decision: 03.05.2011 Jarnail Kaur ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Siddharth Gupta, Advocate for Mr. Harmanjit Singh, Advocate for the petitioner Mr. Sidrath Sarup, DAG, Haryana for the respondent - State -.- 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 issuance of direction to the respondents to hand over the investigation in FIR No. 145 dated 15.05.2009 under section 302, 201, 34 IPC registered at Police station Ambala City, District Ambala to some independent agency like CBI as the local police is not acting in accordance with law and the attempt is being made to cancel the said FIR with further prayer to direct the respondents to take action in accordance with law by arresting the accused persons whose bail applications have already been dismissed and granting security to the CRM No. M 35643 of 2009 2 petitioner as accused are roaming freely and rather are threatening the petitioner. Learned counsel appearing for the petitioner contended that the anticipatory bail of the accused was dismissed. In spite of the same, they were never arrested and the petitioner was never joined in the investigation or in the inquiry. The investigation has not been done properly. Reply has been filed by the State. As per the reply, the matter was investigated and after preparing the inquest report, the dead body was sent for post-mortem examination and the viscera was sent to the Chemical Examiner, Haryana at Karnal and report shows that it was a case of 'no poison'. The doctor who did post mortem examination opined after receipt of report of chemical examiner that death was due to drowning. Before receipt of the opinion of the Doctor, the case was already registered under section 302, 301, 34 IPC. The deceased was involved in embezzlement in four cases. The deceased Mohinder Singh was involved in the embezzlement which was evident from the order dated 12.01.2009 passed by the Special Secretary to Government of Haryana, Cooperative Department, Chandigarh. No incriminative evidence had come forwarded qua the suspected persons. Learned State counsel also states that after investigation, un- traced report has been prepared and permission to file the same in the Court has also been granted by the ADGP, Crime, Haryana. In view of the above and taking into consideration the facts of the present case as well as the fact that the permission to file the un-traced report has been granted by the ADGP Crime, the present petition is disposed CRM No. M 35643 of 2009 3 of with liberty to the petitioner to file objection petition/protest petition as may deem proper and if so advised before the trial Court where the un- traced reported has been filed. The said objection/protest petition, if so filed, shall be decided by the concerned Magistrate in accordance with law. (Nirmaljit Kaur) Judge 03.05.2011 mohan