Crl. Misc. No. 5991 of 2008 (O&M) [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. 5991 of 2008 (O&M) Date of Decision: January 24,2011 Umed Singh ............................................................... Petitioner Versus State of Haryana ....................................................... Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: Mr. B.R.Gupta, Advocate for the petitioner. Mr. P.S.Virk, DAG, Haryana, for the respondent. ... RITU BAHRI, J. This petition under Section 482 of the Code of Criminal Procedure is for a direction to entrust the investigations of case FIR No. 400 dated 28.7.2007 registered at Police Station City Jind, under Sections 279/304-A IPC (in which the offence under Section 302 IPC was subsequently added) to any independent impartial investigating agency or to any impartial Police Officer not below the rank of Superintendent of Police. Briefly the facts of the case are that the only son of the petitioner, namely Virender Kumar, aged about 23/24 years was murdered on the night between 27/28-7-2007 and his dead body was thrown near Crl. Misc. No. 5991 of 2008 (O&M) [ 2 ] Kandy School on New Hansi Road, Jind, at about 10:30 P.M. FIR No. 400 dated 28.7.2007 was registered in Police Station City Jind under Sections 279/304-A IPC on the statement of non-existing person, namely, Ramesh Kumar s/o Balwan Singh, caste Jat, resident of village Ikkas, District Jind against unknown person/unknown vehicle. Such statement is alleged to have been made by the so-called Ramesh Kumar to SI Ishwar Singh. The dead body was recovered at about 10:30 P.M. on 27.7.2007. Inspite of recovery of a diary from the pocket of Virender Kumar his relations were not informed so that they could reach the spot. Apprehending a deep rooted conspiracy to eliminate Virender Kumar by calling him from his house at about 9:00 P.M. on 27.7.2007, the petitioners have got registered the aforesaid FIR. The dead body had several injury marks. Head Constable Rajinder Singh, who was investigating the case, insisted it to be a case of vehicular accident. An application was moved on 23.8.2007 before the SP, Jind, giving all the details of the suspected involvement of persons. Details of calls made from the mobile of HC Rajinder Singh and calls received on that phone were furnished to the police. No steps were taken to investigate the persons named in the application. Status report has been filed by Ram Mehar Singh, Inspector, State Crime Branch Jind. As per his affidavit, the investigation was entrusted to him and the allegations of the complainant have been found to be an after-thought. The investigation has been fair and impartial. Counsel for the petitioner is still not satisfied with the status report and investigation conducted by the Crime Branch. Mr. P.S.Virk, DAG, appearing for the respondent, states that an inquiry can be conducted by an officer of the rank of Superintendent of Crl. Misc. No. 5991 of 2008 (O&M) [ 3 ] Police so that the grievance of the petitioner is redressed. Learned counsel for the petitioner states that he does not object to an inquiry by the Superintendent of Police. In view of the above, the criminal miscellaneous is disposed of with a direction that a fresh inquiry be conducted by an officer not below the rank of Superintendent of Police and the investigation be completed within a period of three months from the date of receipt of a certified copy of this order. 24.1.2011 ( RITU BAHRI ) Rupi JUDGE