Crl. Misc. No. M-36902 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-36902 of 2009 (O&M) Date of decision: August 16, 2010 Raghvir Singh ...Petitioner Versus State of Punjab and others ...Respondents CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Jasbir Singh, Advocate, for the petitioner. Mr. AS Brar, Sr. DAG, Punjab. GURDEV SINGH, J. Petitioner-Raghvir Singh, father of Harjit Kaur @ Rimpi, has filed this petition under Section 482 of the Criminal Procedure Code (hereinafter referred to as 'the Code'), invoking the inherent jurisdiction of this Court, for directing the Central Bureau of Investigation for conducting investigation into the entire case or for ordering a judicial inquiry by the District & Sessions Judge/Chief Judicial Magistrate, Mansa, or for entrusting the investigation to Additional Director General of Police (Crime), Punjab, and for issuance of further direction to the SHO, Police Station Budhlada, not to harass his family members and the close relatives at the instance of accused persons. The case of the petitioner is that his said daughter disappeared, while she was sleeping with her grand mother Mukhtiar Kaur. He tried to find that child in the neighbourhood but all in vain. In the morning one Crl. Misc. No. M-36902 of 2009 2 chappal was found lying in the vacant plot adjacent to his house and it was learnt that some person had come inside his house from that vacant plot itself. No action was taken by the Officer in-charge of Police Station Budhlada to trace out the real culprit and, as such, he gave an application to the SSP, Mansa. On 23.5.2007, he submitted a representation before the Sub Divisional Magistrate, Station, for directing the SHO to do the needful but to no effect. Forced by the circumstances, he made a complaint to the Chief Minister of the State. When the police failed to take any action, he filed a complaint before the Human Rights Commission, in which he specifically stated that Mohinder Kaur, Pal Kaur and Darshna were involved in the kidnapping and murder of his daughter. That Commission passed the order dated 20.8.2007 and in pursuance of that order, Additional Director General of Police (Crime) submitted an interim report. However, no effective action was taken against the said accused persons. Instead of taking any action against them, the police arrested his brother Jaswinder Singh on 14.9.2009 and planted a false case upon him regarding the kidnapping and murder of his daughter. He tried to approach the police repeatedly but no action was taken. On notice of motion having been issued, reply was filed by the respondents. It has been pleaded therein that it was on the statement of Jaswinder Singh that FIR No. 32 dated 29.4.2007 regarding the kidnapping of the minor daughter of the petitioner was registered under Sections 363A and 365 IPC. The dead body of the child was recovered on 30.5.2007 from the back side of the sheller within the limits of Budhlada, which was identified by Jasvir Singh. Thereafter offences under Sections 302 and 376 IPC were added. On 17.2.2009 statements of Mohinder Kaur and Crl. Misc. No. M-36902 of 2009 3 Charanjeet Singh were recorded, who named Jasbir Singh, Ladda Khan and Amrik Singh as accused. Jasvir Singh was arrested on 18.12.2009, Ladda Khan was arrested on 29.12.2009 whereas Amrik Singh is still at large. Jasvir Singh got recovered the kirpan, the weapon of offence, on 22.12.2009. After thorough and impartial investigation, report has already been submitted under Section 173 (2) of the Code. The petitioner did move an application before the police but the same was filed as the matter was under investigation. I have heard learned counsel for both the side. The petitioner has failed to bring any such substance on the record, on the basis of which it may be said that the said crime was committed by the three ladies, who have been named by him as accused in the petition. It was a case of blind murder. The petitioner has not even disclosed the name of any person who might have witnessed the commission of the murder of his daughter. The learned State counsel was asked to place on record copies of the report submitted under Section 173 (2) of the Code and the documents which have been filed alongwith the report, compliance of which has been done by him. A perusal thereof shows that the investigation was conducted by Gamdoor Singh SI, who recorded the statements of Darshan Singh HC, Mohinder Singh HC, Mohinder Kaur and Charanjit Singh. On the basis of the investigation conducted by him, he found sufficient evidence against Amrik Singh, Ladda Khan and Jasvir Singh. Report under Section 173 of the Code was submitted against Ladda Singh and Jasvir Singh. After arrest of Amrik Singh, supplementary challan has been presented against him. There is no ground for directing any such investigation to be conducted by the CBI when a thorough investigation has Crl. Misc. No. M-36902 of 2009 4 already been conducted. The petitioner is not without remedy. If he is not satisfied with the police report, so submitted by the investigating agency, he has a right to file a private complaint before the Magistrate under Section 200 of the Code. There is no merit in the petition and the same is hereby dismissed. August 16, 2010 (GURDEV SINGH ) prem JUDGE