Criminal Misc. No. M-26839 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26839 of 2010 (O&M) Date of decision: 17.08.2011. Sona Devi and another ..Petitioners Versus The State of Haryana and others ..Respondents CORAM: HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. Maharaj Kumar, Advocate, for the petitioners. Mr. Satyavir Singh Yadav, D.A.G., Haryana, for the respondents – State. NAWAB SINGH, J. (ORAL) By filing this petition under Section 482 of the Code of Criminal Procedure, petitioners seek directions to the respondents to register First Information Report on account of death of Sandeep-son of petitioner No.1 in Police custody on the intervening night of August 17/18, 2010 and to hand over the investigation of the case to CBI or some independent agency. 2. Learned State counsel has stated that First Information Report No.331 dated August 18th, 2010, under Section 324 of Indian Penal Code was registered qua the occurrence in Police Station Narnaund District Hisar (Annexure P-1). Judicial Magistrate First Class, Hansi submitted his report under Section 176 Cr.P.C. For facilitation, penultimate paragraph of the report is reproduced as under: - “xxx xxx xxx From the statements of all the above mentioned witnesses, it is reasonably inferred that water was given to Sandeep deceased at CHC, Narnaund. ASI Udai Ram states that water was given to Sandeep, upon the asking of Sandeep by Criminal Misc. No. M-26839 of 2010 (O&M) 2 'some' employee of hospital. Dr. Yashpal states that it was ASI Udai Ram who was trying to put water in the mouth of Sandeep, who was in lying condition. The staff-nurses Shinder Kaur and Neelam have also stated that a police official was trying to put water to the mouth of Sandeep, with a Soda-bottle. Shinder Kaur has supplemented that the police-official was looking very disturbed/baffled. The statements of these witnesses (Dr. Yashpal, Shinder Kaur and Neelam) differ with regard to their placed of presence in CHC Narnaund, the manner of information to doctor and their sequence of arrival to attend the patient Sandeep. In the given facts and circumstances, it cannot be definitely concluded as to who put the water to patient Sandeep at CHC Narnaund. However, the probability of giving water to Sandeep by ASI Udai Ram (retired) cannot be ruled out because being investigation officer of the case in which Sandeep was in custody, he must have got baffled on seeing the deteriorated condition of Sandeep and might have put water to Sandeep, who admittedly was in at least semi- conscious state, in an effort to improve his condition. I do not find anything to infer a malicious or ulterior motive behind administration of water to the patient Sandeep, since deceased. Report concluded. 3. Since the matter has already been inquired into by Judicial Magistrate, Hansi so, handing over the investigation to the CBI or some independent agency is not required. 4. Disposed of accordingly. 17.08.2011 (NAWAB SINGH) neetu JUDGE