CRM No. M 24995 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 24995 of 2009 (O&M) Date of decision: 18.01.2011 Arvind Sood ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Akshay Bhan, Advocate for the petitioner Mr. Amit Rana, DAG, Haryana for the respondent State Mr. Manoj Kaushik, Advocate for the CBI Mr. Amrik Singh Kalra, Advocate for the applicant -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) CRM No. 14382 of 2010 This is an application for impleading Kulwinder Singh son of Ajit Singh resident of Village Mumandpur, District Jalandhar as respondent No. 7. Learned counsel for the petitioner states that he has no objection if the applicant is impleaded as respondent No. 7 in the main CRM No. M 24995 of 2009 (O&M) 2 petition. Accordingly, the application is allowed and Kulwinder Singh is ordered to be impleaded as respondent No. 7 in the main petition. Memo of parties be amended accordingly. Main petition This is a petition under Section 482 Cr.P.C for issuance of direction to respondents No. 2 to 5 to hand over the investigation to Central Bureau of Investigation or any other independent agency for conducting fair and impartial inquiry in FIR No. 137 dated 02.04.2006 under Sections 392/34 IPC and under Sections 25/54/59 of Arms Act, registered at Police Station Sector 5, Panchkula. Facts of the case are that, Rs.8, 10,000/- was looted at gun point from the petitioner as well as his brother in the Market of Sector 12, Panchkula. The vehicle involved in the aforesaid incident was recovered immediately and the same was identified by the complainant. The said vehicle belongs to the then Inspector General (Prison) Punjab. The gunman of the Inspector General (Prison) Punjab was arrested on 07.04.2006. No recovery was effected from him in spite of the order passed by this Court. Thereafter, the said car was claimed by the Inspector General (Prison) Punjab on superdari. In spite of the above, untraced report is being filed. Learned counsel for the petitioner apprehends that the said report has been filed on account of the involvement of certain police officials. In view of the above and also on account of the involvement of police officials as alleged by the learned counsel for the petitioner, it would CRM No. M 24995 of 2009 (O&M) 3 be in the interest of justice and keeping in mind that justice should not be done but also deemed to have been done, it would be only fair, if the said investigation is handed over to some senior police officer not below the rank of Inspector General of Crime Branch, Haryana. Accordingly, the investigation of the case is ordered to be handed over to the Inspector General of Crime Branch, Haryana, who shall conduct an enquiry into the matter in a fair and impartial manner and shall submit his report within three months from the date of receipt of a certified copy of the order. Disposed of accordingly. (Nirmaljit Kaur) Judge 18.01.2011 mohan