IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-22598 of 2009 Date of decision : October 26, 2009 Rahish ....Petitioner versus State of Haryana and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. GC Shahpuri, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Rahish has filed this petition under section 482 of Code of Criminal Procedure (in short, Cr.P.C. ) for directing respondents to properly investigate FIR No. 262 dated 26.7.2009 under sections 302 read with section 34 IPC, Police Station Punhana, District Mewat and for transfer of investigation to some other independent agency or Crime Branch and also seeking police protection. The petitioner lodged the aforesaid FIR regarding murder of his brother Wakil alleged to have been committed by Mustak, Riyajuddin, Bhuttu, Babu, Umardin and Fakru. The police after investigation presented report under section 173 Cr.P.C. for prosecution of Mustak only and found the remaining five accused to be innocent. Criminal Misc. No. M-22598 of 2009 -2- Better affidavit filed on behalf of respondents today by learned State counsel pursuant to order of the preceding date is taken on record. It has been stated in the affidavit that the remaining five accused were found innocent because they were not even present in the village of occurrence on the date of occurrence. I have heard learned counsel for the parties and perused the case file. Learned counsel for the petitioner vehemently contended that the case has not been properly investigated by the police inasmuch as all the six accused were attributed specific roles in the FIR and inspite thereof only Mustak was challaned and the remaining five were found innocent by the police. Mustak has also since died in jail on the night between 16/17.10.2009 as stated in the affidavit filed today. On the other hand learned State counsel, on instructions from ASI Sri Chand, contended that during investigation large number of villagers (29 in number) stated before the investigating officer as mentioned in the case diary about innocence of the remaining five accused, they being not present in the village on the date of occurrence. It was also contended that investigation was conducted by SI Jai Parkash and was verified by Inspector Babu Lal (SHO of concerned Police Station) and was also verified by Vijay Partap, Deputy Superintendent of Police. The aforesaid 29 villages also appeared before Deputy Superintendent of Police regarding innocence of the remaining five accused named by the petitioner. I have carefully considered the rival contentions. Criminal Misc. No. M-22598 of 2009 -3- In view of the fact that the case was investigated by Sub Inspector and the investigation was verified by Inspector and Deputy Superintendent of Police, no ground for transferring the investigation to any other independent agency is made out. The instant petition is accordingly dismissed. However, the petitioner shall be at liberty to avail of any remedy available to him, in accordance with law. Nothing observed hereinabove shall be deemed to be expression of opinion on merits of the case. ( L.N. Mittal ) October 26, 2009 Judge 'dalbir'