Crl.Misc. no.M-1705 of 2009(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc. no.M-1705 of 2009(O&M) Decided on : 22-07-2011 Gobind Ram ....Petitioner VERSUS State of Haryana and others ....Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. J.P.Sharma , Advocate for the petitioner Mr. Amit Rana, DAG, Haryana MAHESH GROVER, J The prayer made in the instant petition is that the investigation of the death of the son of the petitioner be handed over to Central Bureau of Investigation(CBI). In the petition it has been averred that on 29.6.2006 the dead body of Hari Om, the son of the petitioner was discovered floating in the Chota Bada Talab at Narnaul and the same was trussed up. FIR in this regard was registered and the petitioner named certain persons whom he suspected. The respondents – State made efforts to trace out the culprits but had been unsuccessful so far. In the backdrop of this, the petitioner prays that the matter may be referred to CBI for more effective investigation. During the course of proceedings, learned counsel appearing for respondents prayed for time to seek instructions as to whether State would consider handing over the investigation of this case to independent agency by invoking the provisions of Delhi Special Police Established Act, 1946. Thereafter the status report has been filed by way of an additional affidavit of Dr. Abhey Singh, Superintendent of Police, Crime Branch Crl.Misc. no.M-1705 of 2009(O&M) 2 Haryana in which he as stated that they have no objection if the investigation of the case is transferred to CBI or any other investigating agency. Having regard to the aforesaid, I am of the considered opinion that the facts of the case throw up an unsolved case of the death of the son of the petitioner. The body was found floating in a talab and was tied up which prima facie reflects homicide. Since the efforts of the respondents have failed and the grievance of the petitioner subsists, I am of the considered opinion that it is a fit case where the matter ought to have been referred to CBI for investigation. Ordered accordingly. The petition stands allowed. Let the necessary procedure to do so be followed by the respondents and the entire records of the case be submitted to the CBI in accordance with law. July 22, 2011 (Mahesh Grover) rekha Judge