IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-11316 of 2008 Date of decision: 17th March, 2009 Shahabudin … Petitioner Versus State of Haryana and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sarfraj Hussain, Advocate for the petitioner. Mr. S.S. Mor, Senior DAG Haryana for the State. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present petition has been filed under Section 482 Cr.P.C. praying that State of Haryana, through its functionaries, respondent No.2 to 6, should take legal action against respondent No.7 to 11, who have been named as accused in case FIR No.16 dated 08.01.2005 registered at Police Station Hathin, District Faridabad (now Mewat) under Sections 302, 201 IPC. The present FIR was lodged by Shahabudin, father of Rahisan. She was married to Munfed. It is stated that the dead body of Rahisan was found in the courtyard of house of Ishak and Noor Mohammad, respondents No.8 and 9. In the FIR, it was stated that daughter of the complainant has been killed by respondents No.7 to 11, who have been named in the FIR as Nasir, Noor Mohammad, Ishak, Mallah and Khushi. Post-mortem report has been attached as Annexure P-1. A perusal of the same reveals that deceased had suffered injuries on her body. Cause of death opined was asphyxia as a result of strangulation Criminal Misc. No. M-11316 of 2008 and multiple force applied on the throat, which was sufficient to cause death in ordinary course of nature. It is further submitted that possibility of sexual intercourse cannot be ruled out. Petitioner had earlier filed Criminal Misc. No. M-42155 of 2008 in this Court, which was disposed off with direction to the Director General of Police, Haryana and Superintendent of Police, Mewat to consider and dispose of representations (Annexure P-7 and P-8). In the written statement filed, it has been submitted that both the representations were considered, but the guilty persons could not be traced out. In the reply, it has also been submitted that investigating agency has decided to put all the eight suspected persons on lie detector tests on 18th, 19th, 20th and 21st of May, 2009. It is admitted that a young lady had died due to violence. Possibility of sexual intercourse was not ruled out. Therefore, whether she was killed after rape or not, is required to be examined. In case such a crime, where a young woman has suffered sexual intercourse and has died due to violence, is allowed to go unpunished, the same may shake faith and confidence of the people in law and order. Four years are going to elapse. Therefore directions are required to be issued. Accordingly, present petition is disposed off with direction to the Director General of Police, Haryana to nominate any IPS Officer from the Crime Branch to supervise the investigation already conducted by the investigating agency. [KANWALkJIT SINGH AHLUWALIA] JUDGE March 17, 2009 rps 2