CRM No. M 22235 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 22235 of 2010 Date of decision: 02.02.2011 Jagir Singh ........ Petitioner Versus State of Punjab and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. J S Dhaliwal, Advocate for the petitioner Mr. K S Pannu, DAG, Punjab Mr. Parminder Singh, Advocate for respondent No. 5 Mr. S S Sandhu, Advocate for the CBI -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under Section 482 Cr.P.C for handing over the investigation in case FIR No. 25 dated 24.01.2009 under Sections 302, 342, 323, 34 IPC registered at Police Station Jodhewal, Ludhiana against respondents No. 5 to 8, to the Central Bureau of Investigation-respondent No. 9, for conducting proper and fair investigating into the murder of Balwinder Singh son of the petitioner. Reply on behalf of respondent No. 5 has been filed in Court CRM No. M 22235 of 2010 2 today. It is pointed out by the learned counsel for respondent No. 5 that earlier Criminal Misc. 13583-M of 2009, filed by the petitioner was disposed of on 16.02.2010 by passing following orders:- “The only prayer and in the present petition is that a direction be issued to respondents No. 3 to 4 to conduct fair and impartial investigation in FIR No. 25 dated 24.01.2009 under Sections 342, 323, 34 IPC and in which, Section 302 was subsequently added. It is further prayed that an enquiry be got conducted from some independent Agency or from an officer not below the rank of Senior Superintendent of Police of some other District. Mr. K S Pannu, DAG, Punjab, on instructions from ASI Navdeep Singh, states that the trial Court has ordered reinvestigation after the presentation of the cancellation report. It is further stated that fresh reinvestigation is being conducted by S.P.(D) Khanna. Hence, the present petition is rendered infructuous. In view of the above statement, no further order is required to be passed in the present petition. However, the petitioner is at liberty to take all the pleas before the trial Court at the appropriate state, if so required. Disposed of in the above terms. Thereafter, the matter was again inquired into by SP(D) Khanna and a detailed cancellation report dated 21.04.2010 has been submitted before the learned trial Court. The said investigation was conducted by the Special Investigating Team consisting of SP City 3, Ludhiana, DSP Rural Ludhiana which was constituted by the Senior Superintendent of Police, Ludhiana to look into the matter. After investigation, the said report has been submitted. In pursuance to the cancellation report, a notice has been CRM No. M 22235 of 2010 3 issued to the petitioner for 10.02.2011 to file protest petition against the cancellation report. The matter is still pending before the trial Court. In view of the above, the present petition is disposed of with a direction to the petitioner to pursue the protest petition filed by him which shall be decided by the concerned court, in accordance with law. (Nirmaljit Kaur) Judge 02.02.2011 mohan