Civil Writ Petition No.4882 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.4882 of 2009 Decided on : 10-08-2009 Bimla .... Petitioner VERSUS State of Haryana and others .... Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH. Present:- Mr. KDS Hooda, Advocate, for the petitioner. Mr. Sanjiv Kaushik, Addl. A.G., Haryana, for the respondents. JASBIR SINGH, J (Oral). This writ petition has been filed with a prayer to issue directions to respondent Nos. 1 and 2 to hand over the investigations in F.I.R. No.136 dated 19.5.2007, registered under Section 302/34/460 IPC, at Police Station Palam Vihar Gurgaon, to the C.B.I. Upon notice, reply has been filed. In paragraphs 2 & 3 of the reply, filed by respondent Nos.1 to 4, it has been mentioned as under:- “It is submitted that previously the investigation of case F.I.R. No.136 dated 19.5.2007, under Section Civil Writ Petition No.4882 of 2009 -2- 302/460 IPC, PS Palam Vihar, Gurgaon was previously conducted by SHO PS Palam Vihar, CIA-1st and CIA 2nd Gurgaon fairly diligently and during investigation the accused Lallan Dass was found to be the accused who committed the offence. It is further submitted that after conducting the investigation the challan of the case has been filed in the court of Illaka Magistrate, Gurgaon and the now trial is pending in the court of Sh. B.L. Singhal Addl. Session Judge, Fast Trace court and is fixed on 18.5.2009 for Prosecution Witnesses. The charged has already been framed against the accused Lallan during the course of trial. Thereafter, the investigation of the case was also conducted under the supervision of Sh. Maharaj Singh HPS, the then Superintendent of Police, Faridabad (Rural) at Patwal. The investigation of the case has also been conducted by the CIA-III Sohna under the supervision of Sh. Inder Singh Saini HPS DCP South Gurgaon. Now the investigation of the case has been transferred by the Commissioner of Police, Gurgaon from CIA-III Sohna to Crime Branch Gurgaon and the DCP Crime has entrusted the investigation to Inspector Veer Singh CIA-1st Sector-46, Gurgaon and the investigation is being conducted by him. During the investigation conducted till now none other than Lallan Dass has been found to be involved in the offence. 3. That as per directions of the Hon'ble High Court vide order dated 18.11.2008 the representation made by the petitioner has been decided by the Commissioner of Police, Gurgaon vide order Endst. No.10946-500/CC dated 18.4.2009 after getting the matter enquired through DCP Crime, Gurgaon. The copy of the same is annexed as R-1. Thus the plea Civil Writ Petition No.4882 of 2009 -3- taken by the petitioner that no enquiry has been conducted so far is vague. During the course of enquiry none of the allegations leveled by the petitioner in her representation have been found to be true. However, three separate copies of original will and casual leave application having the signatures of deceased Saroj Bala were sent to FSL Madhuban for comparing the signatures. The result dated 28.4.2009 of the same has been received and as per result admitted signature of Saroj Bala and her Questioned signature on will has been found same.” Perusal of paper book indicates that after death of the son and other relatives of the petitioner, property dispute has arisen between the parties, because daughter-in-law of the petitioner had executed a Will in favour of her brother. It is also apparent from the record that till such time, the Will was not disclosed, no suspicion was raised against brother of the deceased, in whose favour Will was executed. Otherwise also, it is clear that the investigation was conducted by several officer and nothing was found against respondent No.5 as alleged by the petitioner. It is an admitted fact that signatures of daughter-in-law of the petitioner on the Will were found to be genuine by the FSL Madhuban. It is a fact that earlier also, the petitioner filed a writ petition for similar relief, however, that writ petition was got dismissed as withdrawn. In view of above facts, this writ petition is dismissed. 10th August, 2009. (JASBIR SINGH) Monika JUDGE