CRM-M No.1858 of 2011 1 In the High Court of Punjab and Haryana at Chandigarh CRM-M No.1858 of 2011 Date of decision: 18.7.2011 Habib ......Petitioner Versus State of Haryana and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sunil Panwar, Advocate, for the petitioner. Mr.Amandeep Singh, AAG, Haryana. **** SABINA, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure for directing the respondents to entrust re-investigation of the case FIR No. 316 dated 15.6.2010 (Annexure P-1), under Sections 302, 201, 34 of the Indian Penal Code ('IPC' for short) registered at Police Station Nuh District Mewat to the Central Bureau of Investigation. Petitioner lodged the FIR in question regarding murder of his cousin brother Rokat on 12.6.2010. There was panchayat election in the village and the deceased did not return back home after declaration of the result. However, on 14.6.2010 dead body of Rokat was seen floating in the well of plasliwala pond near Jogipur Road. There was an injury on the forehead of the deceased. The CRM-M No.1858 of 2011 2 petitioner further stated in the FIR that on enquiry it came to light that Ishak, Chaura, Asrudin and Sakir had killed Rokat by causing injuries on his person. In order to destroy evidence they had thrown the dead body in the well. During investigation Alam was arrested. After investigation, police submitted final report in the case only against accused Alam. As per the police investigation, Rokat had been killed by Alam by strangulation. However, in the post mortem report, there was no ligature mark on the neck of the deceased. Injury on the person of the deceased indicated that he was murdered by causing injuries on his person and had, thereafter, been thrown in the well. Local police had failed to take opinion of the doctor regarding cause of death of the deceased. Respondents, in their written statement, averred that on receipt of complaint and after completion of investigation challan was presented in the case. Call details of mobile phone No.9671881575 were also obtained. Polygraph tests of Ashruddin, Ishak and Rodar were conducted and they were found innocent vide report dated 19.10.2010 (Annexure R-1). As per the report of the Forensic Science Laboratory, Haryana, Madhuban, Karnal (Annexure R-2), no common poison could be detected in the saline preservative. Ethyl Alcohol was detected in the stomach, intestine, liver, spleen and kidneys of the deceased. As per the report (Annexure P-3) of the Forensic Science Laboratory, Haryana, Madhuban, Karnal, diatoms were detected in Sternum, Clavicle and water sample. After hearing learned counsel for the parties, I am of the opinion that at this stage, no interference by this Court is called for. Challan has already been presented in the Court. Now CRM-M No.1858 of 2011 3 admittedly the case is listed for prosecution evidence before the trial Court. The effect of the medical evidence, reports of experts will be considered during trial. Since the matter is seized by the trial Court, at this stage it would not be just and expedient for this Court to interfere in the matter. Petition stands disposed of accordingly. (SABINA) JUDGE July 18, 2011 anita