IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.5904 -M of 2011 (O&M) DATE OF DECISION : SEPTEMBER 12, 2011 RAM RATTAN MALIK ....... PETITIONER(S) VERSUS STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. RS Mamli, Advocate, for the petitioner(s). Mr. SS Nara, Sr. DAG, Haryana. Mr. NS Shekhawat, Advocate, for respondents 8 to 10. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Section 482, Code of Criminal Procedure, seeking a direction to the official respondents to hand over investigation to Central Bureau of Investigation or any other independent agency, in pursuance of registration of FIR No.381 dated 20.11.2010 under Sections 302, 201, Indian Penal Code, Police Station, Hathin, District Palwal (Annexure P-2). 2 Order dated 8.8.2011, which contains the gist of the issue raised, reads as under :- “Mr.N.S.Shekhawat, Advocate has put in appearance on behalf of respondents No.8 to 10, Mr.Sachin Mittal, Advocate has put in appearance on behalf of respondents No.11 and 12 and Mr.Yash Dev Criminal Misc. No.5904 -M of 2011 (O&M) 2 Kaushik , Advocate has put in appearance on behalf of respondent No.14. It has been projected that in context of death of Raj Kumar, ASI Abdulla Khan has given a statement that in November 2010, he (ASI Abdulla Khan) was posted in Police Station Sohna. Raj Kumar was summoned in context of enquiry/investigation in case FIR No.358 of 2010, Police Station Sohna, under Section 376 of the Indian Penal Code. ASI Abdulla Khan had gone on leave on 16.11.2010. When he came back, he was informed that Raj Kumar had fled from Police Station Sohna and might have also taken some arms and ammunitions from the police station. ASI Abdulla Khan has also communicated that while going he used to leave his service revolver/pistol with Muharrar Head Constable. The dead body of Raj Kumar was found on 18.2.2010 with a bullet injury from a 9 mm fire arm. Mr.S.S.Nara, Senior DAG, Haryana has apprised this Court of the fact that the empty cartridges recovered from near the dead body have been sent for matching with the service revolver/pistol/arms of persons posted in Police Station Sohna. Report has not been received till date. A number of questions have been thrown open by the stand of the State viz. whether ASI Abdulla Khan, under rules, could leave his service weapon with Muharrar Head Constable; whether Raj Kumar was summoned and was under arrest in context of FIR No.358 of 2010; whether the actions of each of the officers/officials posted in Police Station Sohna during the period 16th to 19th November, 2010, have been investigated or not. Be that as it may, Forensic Science Laboratory, Madhuban is directed to send report after matching the empty cartridges within a period of 10 days from Criminal Misc. No.5904 -M of 2011 (O&M) 3 today. Prima facie, involvement of police officials/officers posted in Police Station, Sohna is indicated and therefore, it would be just and proper to direct Deputy Inspector General of Police (Crime), Faridabad to conduct the investigation so that evidence is not lost. Already a lot of time has gone by during which period the real culprits would have made an attempt to conceal material evidence. Further, direction is issued that Deputy Inspector General of Police(Crime), Faridabad would review the investigation conducted till now and constitute his own team of officers to further investigate or re-investigate the matter, while devoting particular allegation to the conduct of police officials/officers posted in Police Station Sohna and file a report before this Court within a period of four weeks from today. Adjourned to 12.9.2011. Copy of this order be given to Mr.S.S.Nara, Senior DAG, Haryana under the signatures of the Bench Secretary.” 3 Reply/status report has been filed by Shri Navdeep Singh Virk, IPS, Deputy Inspector General of Police, State Crime Branch, Gurgaon, to the effect that a Special Investigation Team has been constituted vide order dated 19.8.2011, which is headed by the said officer; namely, Shri Virk, and also comprises of Shri Ashok Kumar, Deputy Superintendent of Police, Inspector Saiffudin and Sub Inspector Mool Chand, who are all officers of State Crime Branch, Faridabad. The investigation conducted by the previous Investigating Officer was reviewed by the Special Investigation Team on 19.8.2011 Criminal Misc. No.5904 -M of 2011 (O&M) 4 and henceforth the investigation shall be conducted by the Special Investigation Team, as constituted and noticed above. 4 In view of the fact that Special Investigation Team has been constituted and the same is headed by Deputy Inspector General of Police, State Crime Branch, Gurgaon, this petition is disposed of. The court trusts that effective and speedy investigation shall be conducted by the Special Investigation Team, headed by Shri Navdeep Singh Virk, IPS, Deputy Inspector General of Police, State Crime Branch, Gurgaon. 5 Copy of the order be given to Shri Nara under the signatures of the Bench Secretary, for onward transmission to Shri Virk. September 12, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?