Criminal Misc. No.M-17936 of 2008 1 In the High Court of Punjab and Haryana at Chandigarh Criminal Misc. No.M-17936 of 2008 Date of decision: 2.3.2009 Gurbax Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr.Sandeep Arora, Advocate, for the petitioner. Mr.Aman Deep Singh Rai, AAG, Punjab for respondent Nos. 1 to 4 and 6. Mr.P.S.Brar, Advocate, for respondent No.7. Mr.R.S.Dhaliwal, Advocate for respondent No.8. **** SABINA, J. This petition has been filed by Gurbax Singh under Section 482 of the Code of Criminal Procedure (“Cr.P.C. for short) for entrustment of investigation of DDR No.32 dated 2.5.2006 registered at Police Station Sadar Khanna to CBI with the direction for expeditious and impartial investigation in the matter. Pritpal Singh, son of the petitioner, was taken away by Criminal Misc. No.M-17936 of 2008 2 Harjit Singh @ Lakha on 30.4.2006. Thereafter, Pritpal Singh did not return home and his dead body was recovered on 2.5.2006. On the basis of the statement of the petitioner, Daily Diary Report was recorded on 2.5.2006 (Annexure P-5). The grievance of the petitioner is that despite sufficient evidence, no FIR had been registered against the culprits because respondent No.7 was a high ranking police officer. Learned counsel for the petitioner has submitted that all the inquiries conducted by the various police authorities were merely an eye wash and the investigation of the case be handed over to Central Bureau of Investigation. Learned State counsel, on the other hand, has submitted that the petitioner had earlier filed a petition and the same was disposed of with a direction that the investigation be conducted by an officer of Crime Branch not below the rank of Deputy Superintendent of Police. The said officer has also found that respondent Nos. 7 to 10 were innocent. Now the petitioner has filed a complaint and the accused in the said case have been summoned to face the trial. In CRM-M No.59688 of 2006, filed by the petitioner, a direction was given to Additional Director General of Police (Crime) Punjab to entrust the investigation of the case to an officer of Crime Branch not below the rank of D.S.P. vide order dated 17.7.2007 (Annexure P-13). Thereafter, enquiry was entrusted to Superintendent of Police of Special Investigation, Crime, Punjab , Criminal Misc. No.M-17936 of 2008 3 Chandigarh and he vide his report dated 28.12.2007 (Annexure P- 14) found that Pritpal Singh took liquor and poisonous substance to commit suicide. No telephone call had been made by DSP Kashmira Singh (respondent No.7) to the petitioner. A perusal of the reply filed by the State reveals that initially the matter was thoroughly investigated by Assistant Sub Inspector, Chowki Kot, Police Station Sadar, Khanna and his report in this regard is Annexure R-1. Thereafter, the matter was investigated by DSP Khanna and his report in this regard is annexed as Annexure R-2. The matter was again investigated by Superintendent of Police (D) Khanna and his report is Annexure R-3. It was found that the son of the petitioner had not been murdered as alleged by him. Thereafter, on the basis of the order of this Court, investigation was done by Superintendent of Police of Special Investigation, Crime, Punjab , Chandigarh. He also found that the allegations levelled by the petitioner were false. Admittedly, the petitioner has filed a private complaint and the accused have been summoned in the said complaint case. Since the Magistrate is seized of the matter, no interference by this Court is called for to direct CBI to investigate the matter. Accordingly, this petition is dismissed. (SABINA) JUDGE March 02, 2009 anita