IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.32872-M of 2009 Date of Decision:23.7.2010 Paitu Ram .... Petitioner Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. R.S. Mamli, Advocate for the petitioners. Mr. Vikas Malik, A.A.G. Haryana. Mr. Ravinder Malik, Advocate for respondents No.4 to 7 and 9 and 10. **** 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) The present petition has been filed for issuance of direction to the official respondents to investigate the matter in case FIR No.43 dated 28.4.2009 under Sections 302/364/365/382/201/120-B/34 IPC Police Station Jathlana District Yamuna Nagar or to hand over the investigation to CBI or Crime Branch or some independent agency. It is stated that on 8-9/3/2009 at night, the son of the petitioner namely Vinay Kumar aged about 15/16 years received a call from Pinki daughter of Joginder. Thereafter the son of the petitioner was not found. The petitioner alongwith other persons went towards canal for searching and ultimately they found shoes and clothes of the son of the petitioner which were having the blood stain on them. The petitioner thereafter Crl. M. No.32872-M of 2009 -2- immediately went to the police station and gave an application naming the respondent as an accused. It is further stated that in spite of the fact that FIR was lodged on 28.4.2009, the police is not taking any action and has adopted a lethargic attitude. The son of the petitioner namely Vinay Kumar has not been found till date. Further, the blood stained clothes and shoes of the son of the petitioner have been found and the blood stains on the clothes were and to be of the girl namely Pinki as per the FSL report. but there is no headway in the investigation till date. Reply has been filed by Krishan Kumar, Deputy Superintendent of Police, (HQ), Yamuna Nagar, on behalf of respondents No.1 to 3 submitting therein that thorough investigation has been made into both the FIRs by the police but no clue could be found with respect to the son of the petitioner. So far, from the evidence collected, no clue regarding murder of son of the petitioner is found and on the other hand sufficient evidence came to light that the son of the petitioner had caused injuries to Pinki daughter of Joginder and is wanted in connection with the said case. Be that as it may, fact remains that the son of the petitioner has not been found till date. Enough time has passed but there is no headway in the investigation carried out by the police with respect to the whereabouts of son of the petitioner. The reality should have come out by now. Learned counsel appearing on behalf of the respondents has no objection if the investigation is handed over the Crime Branch, Yamuna Nagar as he is equally interested to find out the truth with respect to the whereabouts of son of the petitioner. Accordingly, official respondents No.2 and 3 are directed to Crl. M. No.32872-M of 2009 -3- hand over the investigation to the Crime Branch, Yamuna Nagar, to be conducted by an officer not below the rank of Deputy Superintendent of Police. The instant petition stands disposed of accordingly. 23.7.2010 ( NIRMALJIT KAUR ) rajeev JUDGE