CRM No.M-10129 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-10129 of 2011 (O & M) Date of decision : 19.8.2011 Shimla Devi ........Petitioner Vs. State of Haryana and others ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Krishan Singh, Advocate, for the petitioner Mr.S.S.Nara, Senior DAG, Haryana Mr.N.S.Shekhawat, Advocate, for private respondents --- AJAI LAMBA, J (Oral) This petition filed under Section 482 of the Criminal Procedure Code, 1973 prays for entrusting the investigation of case FIR No.17 dated 12.2.2011 under Sections 302/34 of the Indian Penal Code and Sections 3 & 4 of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Jathlana, District Yamuna Nagar, to an independent agency or Senior Police Officer. Learned counsel appearing for the petitioner contends that son of the petitioner was murdered. On the complaint of the petitioner, FIR was lodged. No effective action has been taken by the Investigating Agency. Learned counsel appearing for the respondent-State contends that there is no evidence to indicate that the death of the son of the petitioner was on account of homicidal reasons. No external injury was found on the body of the deceased. The death has been caused due to ingestion of poison. Statements of relevant witnesses and polygraph tests of the suspects have been conducted. No offence is found to have been committed. In such CRM No.M-10129 of 2011 (O & M) -2- circumstances, cancellation report would be filed within 4 weeks from today. The said statement has been made by learned State counsel, on instructions from ASI Balwan Singh. Considering the stand of the respondent-State and the stage of investigation, I do not deem it appropriate to issue any directions. The petitioner, however, would be at liberty to file before the Magistrate a protest petition/complaint or seek re-investigation or further investigation as and when cancellation report is filed. This petition is disposed of with the above directions. (AJAI LAMBA) JUDGE 19.8.2011 akm