Crl. Misc. No.M-11415 of 2010 ::1:: IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Crl. Misc. No.M-11415 of 2010 Date of decision: 22.09.2010 Davinder Singh .. Petitioner Versus State of U.T., Chandigarh and another. .. Respondents Present:- Mr.Sukhdeep Singh Sandhu, Advocate, for the petitioner. Mr.Rajiv Sharma, Advocate, for respondent-U.T., Chandigarh. * * * * S.S. SARON, J. This petition has been filed under Section 482 Code of Criminal Procedure (Cr.P.C.-for short) seeking transfer of investigation of FIR No.107 dated 06.05.2009 under Sections 307, 34 IPC and Section 25 and 27 of the Arms Act, registered at Police Station Sector 36, Chandigarh to Central Bureau of Investigation. Heard learned counsel for the parties. The case relates to the murder of Amarjit Singh, partner of Sham Fashion Mall, Sector 34, Chandigarh. The incident of murder occurred on 05.05.2009 at 10.00 p.m. at Sector 34, Chandigarh. Despite a period of more than one year having lapsed, the culprits have not been apprehended and no headway has been made in the investigations. The FIR in the case has been lodged by Gagandeep Singh son of the deceased-Amarjit Singh. According to the complainant, his father came from Sham Fashion Mall in his grey colour Skoda car and on reaching home, he blew the horn for getting the gate of the house opened. Gagandeep Singh along with his servant Prem Bahadur went out towards Crl. Misc. No.M-11415 of 2010 ::2:: the gate and while they were opening it, they saw a person sitting on a motorcycle while the engine of the motorcycle was running. The second person got down from the motorcycle and was standing near the driver side door of the car with a fire arm in his hand and was hitting on the windscreen of the car. He was saying "open the window" but when the window was not opened, he fired 2-3 shots. Gagandeep Singh and his servant-Prem Bahadur raised an alarm. Both the assailants then fled away on the motorcycle. The complainant asserts that he can recognise both the boys if they are brought before him. The neighbours had also seen those boys. The complainant stated that blood was oozing out from his father's body. His father was made to sit on the back seat of the car and he (complainant) drove the car and took him to Fortis Hospital, Mohali for getting him treated. The complainant further contended that both the boys had attacked his father with the intention to kill him, so action be taken against them. He got his statement recorded. After about one month of the registration of the case, Police constituted a special investigation team headed by DSP Satbir Singh to investigate the matter but they found no clue. Thereafter, the Police constituted another special investigation team which was headed by DIG Mahabir Singh and DSP Satbir Singh was a member of this team. The said team also could not make any headway in the investigation. Thereafter, the present petition was filed and copy of the petition was given to the learned Standing Counsel for the respondent-U.T., Chandigarh, on 21.04.2010. The case was adjourned from time to time. It was submitted by the learned Standing Counsel for the respondent-U.T., Chandigarh that Inspector Charanjit Singh, Crime Branch, Chandigarh was investigating the matter and it was submitted that the case involves complex investigations and more time would be needed to thoroughly probe the matter. Learned Standing Counsel had assured the Court that Crl. Misc. No.M-11415 of 2010 ::3:: the Crime Branch, which was now investigating the case would take effective steps. Thereafter, it was submitted that effective investigation had been conducted in the case and even the press reporters who had published news-item regarding the involvement of some persons were questioned; besides further investigations were conducted. On the last date of hearing, learned Standing counsel for the U.T., Chandigarh, sought a short adjournment to seek instructions whether the case can be transferred to the Central Bureau of Investigation (CBI-for short). Learned Standing counsel for the U.T., Chandigarh has submitted that the case has been effectively probed by the U.T. Adminstration, although it is accepted that no headway has been made. I have given my thoughtful consideration to the mater. The Supreme Court in the case State of West Bengal v. Committee for Protection of Democratic Rights West Bengal and others, 2010 (2) RCR (Criminal) 141 (Five Judges) has held that an order directing the CBI to investigate is not to be passed as a matter of routine or because a party has merely levelled some allegations against the local Police. Besides the extraordinary powers should be exercised in exceptional circumstances wherein it becomes necessary to provide credibility and instill confidence in the investigation or the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the Fundamental Rights. In the present case, the murder of Amarjit Singh, partner of Sham Fashion Mall, Sector-34, Chandigarh, has been committed in the Chandigarh at about 10.00 p.m. on 05.05.2009. Despite lapse of one year, prosecution has not made much headway. The case is one which requires to be investigated in an effective and thorough manner in consonance with the gravity of the crime. It cannot be haphazard or un- methodical. Proper, fair and effective investigations are the backbone of Crl. Misc. No.M-11415 of 2010 ::4:: the rule of law. The case is one, which requires to be investigated by the CBI so as to do complete justice for enforcing the Fundamental Rights of the aggrieved. The Police file has also been perused. Though the Police has carried out substantial investigations in the case, however, till date the investigations have not made any progress or headway. Therefore, in order to have better expertise and also to instill confidence in the public at large, which this crime has caused in the area, it would be just and expedient and in the interest of justice that the investigation of the case is transferred to the CBI. The criminal miscellaneous petition is accordingly allowed and the investigation of case FIR No.107 dated 06.05.2009, registered at Police Station Sector 36, Chandigarh for the offences under Sections 307, 34 IPC and later for the offence under Section 302 IPC besides Sections 25 and 27 of the Arms Act ,is transferred to the CBI, which shall proceed with the investigation of the case in accordance with law. September 22, 2010 (S.S. SARON) sukhpreet JUDGE