CRM No.M-26255 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-26255 of 2010 Date of decision : 9.8.2011 Sunita ........Petitioner Vs. State of Haryana and others ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Gurmeet Singh Saini, Advocate, for the petitioner Mr.B.S.Saini, Senior DAG, Haryana --- AJAI LAMBA, J (Oral) This petition has been filed under Section 482 of the Criminal Procedure Code for transfer of investigation in case FIR No.336 dated 20.4.2010 under Sections 302, 201, 120B and 34 of the Indian Penal Code registered at Police Station Sadar, Hisar to some independent agency like Crime Branch or Central Bureau of Investigation etc. in view of the fact that the main culprit for committing murder of Rattan Lal has not been apprehended. It has been pleaded on behalf of the petitioner that husband of the petitioner was murdered on 2.4.2010. The matter was reported to Police Station Sadar, Hisar. No action was taken. The petitioner, thereafter, filed a complaint to respondent No.2 (Superintendent of Police, Hisar) on 4.4.2010. Yet no action was taken. Finally, the petitioner had to file an application to Inspector General of Police, Hisar Range, Hisar on 12.4.2010. FIR was lodged on 20.4.2010 that has been placed on record as Annexure P-3. It has been pleaded that the petitioner made allegations against certain persons, however, no proper investigation has been conducted. CRM No.M-26255 of 2010 -2- Reply has been filed by official respondents through Deputy Superintendent of Police, Hisar. The Investigating Agency admits that no arrest has been effected till date. It has further been stated on behalf of the respondents-State that no clue to the murder of Rattan Lal has been found till date. Report received from Forensic Science Laboratory, Madhuban, Karnal in regard to Polygraph test of suspects Anil Kumar, Rajender Kumar and Pritam has been produced in the Court from which it has been projected that the said persons were not involved in the commission of crime. Be that as it may, considering the totality of facts & circumstances, it is made evident that the police of Police Station Sadar, Hisar has failed in effecting arrest of the accused persons. So far as Polygraph Test of Anil Kumar is concerned, Polygrams remained inconclusive at issue No.1 i.e. “whether he had planned the conspiracy for the murder of Rattan Singh”. Despite the report, the Test has been accepted so as to say that Anil Kumar is not involved in the commission of crime. Likewise, the polygrams of Rajender Kumar indicates that it remain inconclusive in regard to issues No.2 & 3 viz. “whether he has committed the murder of Rattan Singh” and “whether he has got committed the murder of Rattan Singh from somebody”. Likewise, in regard to Pritam, the report remains inconclusive at issues No.3 and 4 viz. “whether he has got committed the murder of Rattan Singh from somebody” and “whether he knows who has committed the murder of Rattan Singh”. Surely, the report in regard to the issues extracted above, would CRM No.M-26255 of 2010 -3- indicate something more than what has been concluded by the Investigating Agency. Be that as it may, the investigation needs to be conducted by an independent agency. A heinous crime like murder has been committed. This Court is of the opinion that Station House Officer, Police Station Sadar, Hisar failed in his duty in registering the FIR forthwith on the complaint made by the petitioner. Subsequently, delay was caused by Superintendent of Police, Hisar by not registering the FIR, although a complaint was made to the said officer also. The petitioner had to approach Inspector General of Police, Hisar for lodging of FIR and FIR was lodged after 18 days of commission of offence. Relevant evidence might have been lost during the said period. Director General of Police, Haryana is directed to have an enquiry conducted as to the conduct of the said officers as to under what circumstances immediate action was not taken in terms of provisions of Section 154 of the Criminal Procedure Code which require Incharge of the police station to register a case forthwith on report of commission of a cognizable offence. In view of what has been said above, this petition is allowed. Deputy Inspector General of Police (Crimes), Hisar is directed to conduct re- investigation or further investigation, as the facts & circumstances warrant. It is made clear that the said officer would be at liberty to constitute his own team of investigating officers and the investigation would be personally monitored by him viz. Deputy Inspector General of Police (Crimes), Hisar. (AJAI LAMBA) JUDGE 9.8.2011 akm