IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-12680 of 2011 (O&M) Date of Decision : 5.12.2011. Vijender Singh ...... Petitioner Versus State of Haryana & others ...... Respondents CORAM : HON'BLE MR. JUSTICE NAWAB SINGH Present: Mr. AK Khunger, Advocate, for the petitioner. Mr. Satyavir Yadav, DAG, Haryana. Mr. R.S. Rai, Sr. Advocate with Mr. Abhinav Sood, Advocate, for respondent No.5. NAWAB SINGH J.(ORAL) Vijender Singh-petitioner brother of Dr. Jogender Kadiyan (since deceased) has filed this petition under Section 482 of the Code of Criminal Procedure seeking direction to hand over the investigation of the case bearing First Information Report No.478 dated December 10th, 2009 registered under Sections 279, 304-A and 337 of Indian Penal Code in Police Station Urban Estate, District Rohtak to the Central Bureau of Investigation or Special Investigating Team. 2. The aforesaid FIR was registered on the statement of Dr. Satender Kumar. It was stated that on December 9th, 2009 he along with Dr. Bir Singh, Dr. Jogender Kadiyan, Rajnish and Varun Pawar was going from Post Graduate Institute of Medical Sciences, Rohtak to Kalawar in car bearing registration No. HR-30-G-1003 to take dinner. When they reached near Indus School, Rohtak at about 1.30/2.00 a.m., a vehicle struck against their car from behind. As a result, the car, struck against the grill fixed on the boundary wall of the school. They were evacuated from the car by the passersby. The driver of the offending vehicle managed his escape. The number of vehicle could not be noticed. They received injuries. They were Criminal Misc. No. M-12680 of 2011 (2) brought to hospital. Dr. Jogender Kadiyan was declared brought dead as finds mention in the Post-Mortem Examination Report (Annexure P-3). 3. Learned counsel for the petitioner has contended that it was not an accident rather it was a murder because except Jogender Kadiyan, other occupants of the car received minor injuries. Not only that, during investigation, statement of Dr. Bir Singh was also recorded by the Police in which he stated that Dr. Jogender Kadiyan was sitting on the rear seat so, there were no chances of suffering fatal injury. 4. State has filed reply averring that investigation was conducted and it was found to be a case of accident but since the driver of the offending vehicle managed his escape, untraced report has been filed before the Area Magistrate. 5. To clinch the matter, the best evidence is of Dr. Satender Kumar author of First Information Report and the photographs of the scene of occurrence (Annexure P-2). Dr. Satender Kumar has unequivocally stated that accident took place, Dr. Jogender Kadiyan received injuries and he was brought dead in the hospital. Further more, photographs (Annexures P-2 three in number) make it abundantly clear that car met with an accident and Dr. Jogender Kadiyan received injuries on account of the accident. The submission of learned counsel for the petitioner is mere a speculation for which no material whatsoever has been placed on record that it was a murder and not accident. The occupants of the car were colleagues of the deceased. There could not be any occasion for Dr. Satender Kumar to lodge a false FIR giving a version of accident than murder in case it was actually a case of murder as pleaded by the petitioner. 6. In this view of the matter, it is not a case to hand over the matter to the CBI or some other independent agency. 7. Thus, the petition is dismissed. 5.12.2011. (NAWAB SINGH) SN JUDGE