Crl.M.No.M-4335 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.M.No.M-4335 of 2010 (O&M) Date of Decision: April 21, 2010 Kamlesh Goyal .....Petitioner v. State of Haryana and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Sanjay Kaushal, Advocate for the petitioner. Mr.Yashpal Malik, DAG, Haryana. ...... RAM CHAND GUPTA, J.(Oral) Crl.M.No.20402 of 2010 Requests for placing on record copy of application, filed under Section 190(1)(B) Cr.P.C., for summoning accused, Amit Gupta, Sweety Gupta and Priyanka @ Guddi, before learned Magistrate, Annexure A1; copy of the reply to the application, Annexure A2; copy of bail application filed on behalf of Hari Ram Gupta and Madhu Gupta, accused, Annexure A3; copy of medical record of Mrs.Madhu Gupta and Hari Gupta, Annexure A4; and copy of order granting bail to accused Hari Ram Gupta and Madhu Gupta by learned Additional Sessions Judge, Rewari, Annexure A5. The same are taken on record. Miscellaneous application stands disposed of accordingly. Crl.M.No.M-4335 of 2010 The present petition has been filed under Section 482 Cr.P.C. for summoning the investigation report in FIR No.346, dated 28.12.2009, under Sections 304-B, 498-A and 34 IPC, registered at Police Station City Rewari, and for issuance of direction to hand over the investigation of the case to Central Bureau of Investigation. Notice of the petition was given to the respondents. Separate Crl.M.No.M-4335 of 2010 (O&M) -2- replies have been filed on behalf of respondent nos.1 to 5 and respondent no.6 Central Bureau of Investigation. I have heard learned counsel for the parties and have gone through the whole record carefully. It has been contended by learned counsel for the petitioner that the matter has not been properly investigated by the police and that sister of petitioner, Smt.Anita Gupta died in the house of her in-laws just within a year of the marriage and that cause of the death has not been properly investigated by the police. It is further contended that three of the accused, i.e., brother-in-law (Jeth)- Amit Gupta, sister-in-law (Jethani)- wife of Amit Gupta and sister-in-law (sister of Sumit Gupta-husband of the deceased)- Gudiya have been left by the police and challan has not been filed against them. On the other hand, it has been argued by learned State counsel that case has been properly investigated and that FIR No.346 dated 28.12.2009 was registered on the statement of the present petitioner. It is further contended that the accused were promptly arrested in this case and that as amit Gupta, Sweety Gupta and Gudiya were found to be innocent during investigation, challan has been filed against accused Sumit Gupta, Hari Gupta and Madhu Gupta only for offences under Sections 498-A/ 304-B/ 34 IPC. It is further contended that the case is now before the Court and that petitioner has also filed an application under Section 190 (1)(B) Cr.P.C., for summoning Amit Gupta, Sweety Gupta and Priyanka @ Gudia as well, as accused. I have considered all the facts of the case. Investigation in this case has already been completed and the challan has been filed against Sumit Gupta-husband, Hari Gupta-father-in- law, and Madhu Gupta, mother-in-law of the deceased for their trial for offences under Sections 304-B/498-A/406 and 34 IPC. The occurrence had allegedly taken place on 28.12.2009. On receiving information FIR was lodged on the same day and investigation was taken in hand. The investigation was conducted by an officer of the rank of Inspector-SHO. As per postmortem report cause of death was due to asphyxia as a result of drowning. Husband of the deceased arrested on the same day, i.e., on 28.12.2009 and he is still continuing in custody. Mother-in-law of Crl.M.No.M-4335 of 2010 (O&M) -3- deceased, Smt.Madhu Gupta was arrested on next day, i.e., on 29.12.2009 and, however, father-in-law of the deceased was arrested on 4.2.2010. After completion of the investigation, report under Section 173 Cr.P.C. was filed in the Court on 11.2.2009. Now the case is before the trial Court and the application for summoning some other accused has also been filed by the petitioner before learned Magistrate, which is yet to be decided. Hence, in view of these facts, no case for issuance of direction to hand over the investigation of the case to Central Bureau of Investigation is made out. Hence, the present petition is dismissed being devoid of any merit. 21.4.2010 (Ram Chand Gupta) meenu Judge