470 0 crl Misc No N61170 of 2006 06Ml 111 INTHE HIGH COURT OF 6t HARYANA CHANDIGARH Crl Misc No M61170 of 2006 06Ml Date of Decisionl Mayp 2011 Dhan Singh Petitioner eeeeaeeeseeaeaeeeeeeeeeeeseeeveeaeeeeaeeeeees Versus 1 Stateof Haryanaand others Respondents seesleeaeelaoeeeeee 0 0 Coraml Honble Ms JusticeRitu Bahri I C5 I 1 To be referred to the Reportersor not7 2 Whether the should be reportedin the Digest7 Z a Present Mr RajivSharma Advocate for the petitioner I Mr KshitijSharma AAG Haryana Z for respondents No l to 3 r RITU BAHRI J 7 Z Petitioner has soughtdirections to respondents tl No1 and 2 to ensure the investigationin FlR No 137 dated 1 42006 under Section 302134 IPC registered at PoIice station Sectorl Faridabad The son of the petitionerLalit had an affair with one girl Kamlesh who was married with Jagdishespondent No4 No64eetan alias Jeet Ram father of Kamiesh carried a grudgeagainstthe petitioners son on this account RespondentNoJagdish husband of . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 471 d Crl Misc Nov61170 of 2006 06Ml 121 1 tV Karnleshwhen Iearnt about the Iove affair between Lalit and Kamlesh th reatened La1it with dire conseq uences On 312006 when Lalit did not come home by 10100 PM the petitionerwent alongwith his elder son Naresh to search 1 him They allegedthat respondentsNo 4 to 6 armed with iron rods and other deadly weapons were giving injuries to Lalit One Maruti car 800 CC was also parked nearby On m 5 seeingthe petitionerand his elder sor they ran away Lalit 0 0 was taken to the hospitalfrom Faridabad to Delhi On his I C5 way he informed that these injuries were given by I respondentsNo to 6 In the above background the Z aforesaid FlR was registered Mr Rajiv Sharma has argued that after registrationof the FlR petitionersdaughterand other family members were threatened by therespondentsnottopursue m the investigationin the FlR An FlR No 152 has been a7 registeredunder Sections 323 and 506 IPC Oll 12A2006 As Z per the investigationmade by Shri Badan SinghRana DSP 1 tl respondentsNo 4 to 6 were found innocent A request was made to the Court to dischargerespondentsNo 4 to 6In the above background a prayer for fair investigationiS made throughthis petition On 1210006 affidavit of Shri Badan SinghRana DSP was filed The investigationof the case was transferred to ClA staff Sector 30 Faridabad on the directions of e P . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 472 Crl Misclio M61170 of 2006 06MI 131 ll of Police FaridabadDuring the course of 7 t accused Jagdishwas arrested on 28 52006 AccusedJeetan alias Jeet Ram and Harsh Kumar were arrested on 312006 On 1162006 the investigationwas marked to Shri Badan Singh Rana DSP The inquiryrevealed that No 4 to 6 have nothingto do with the 1 death of the son of the petitioner On 30 2006 the named four more persons and admitted that he 0 0 came to know about the attack on his son Lalit after the I C5 attackers have fled away from the spot His representation I was inquiredinto and a report was sent to Director General Z of PoIice by Superintendentof Police on 1682006 Annexure Rll As per this report the complainantwas I his stand and no truth was found in the allegations L0 Z Ievelledby the complainantNeither the complainantnorhis rio familymembers were present at the place of occurrence W2 when the deceased was being attacked As per the Z statementof Harish son of Heera Mani Sharma it was on his Qm ic message that the complaina nt a nd other fa m ily membersof the deceased had reached the spot He had made a telephoniccall at Mobile No 9871169320 at the instanceof Lalit who was alive at that time This information was given at 10136 P on 3132006 on the phone belonging to the complaina nt or his family member The 9 statementof Harish is Annexure R2 in which he has stated pW . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 473 8 Crl Misc No N61170 of 2006 O6Ml 141 S that when Lalit was being attacked there was an Il cutin the Iocalityand due to darkness the attackers could not be seen Statement of Prem Lal Sharma JE Eiectricity Board Sector 6 Faridabad is to the same effect which is Annexure R3 Statement of the complainantthat Lalit was taken to SafdarjangHospitai Delhi in which he named respondentsNo 4 and 5 is falsified by a statement givenby W Jaggialias Jagvirwho had accompaniedthe complainantand 0 0 his family members to BK Hospital Faridabad He has I 0 stated that when Lalit was alive he refused to givethe name I of the attackers and stated that he would take revenge on 4 Z his own He had accompaniedthe complainantto B Hospital Faridabad From Faridabad the complainanthad I taken his son along with 23 persons in an Ambulance to c Z SafdarjangHospital Delhi Duringinvestigation statement of one Guddu son of Sukhbir Singh lriver of the Ambulance CD 7 in which Lalit was taken to SafdarjangHospital Delhil has Z been recordecAnnexure R to the effect that Lalit was tl unconscious throughoutand was unable to speak After the detailed investigation on 1172006 the SHO moved an application before the Iilaqa Magistrate to discharge respondentsNo 4 to 6 Since no evidence has come against thern All the ailegationsagainst the investigatingagency are uncalled for On 7122006 another status report has been filed ee W . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 474 Crl Misc No M61170 of 2006 06Ml I51 4 by Bhup Singh Dy of Police State 1 Branch Gurgaon The Superintendentof Police Crime Branch Madhuban entrusted the investigationof this case on 1992006 to Sl Kanwar Singh State Crime Branch Unit GurgaonIn the investigationthe complainantsand the allegedaccused namely Jeet Ram c Jittan Harsh Jagdish Rajc Bunty and Anil were associated On 23112006 an Q applicationwas moved before the Magistratefor Iie detector 0 Cao test on Raj Singh c Bunty and Anil On 251006 I polygraphtest was conducted on Raj Singh On the basis of C5 I report Raj Singhwas found innocent Smt Kamlesh wife of Z Jagdishand Sunder Singh Advocate were associated in the investigationand after verifyingthe facts no clue about r I committingof murder of Lalit was found Sewa Singhwho was one of the suspect was associated in the investigation Z On 2709 a status report was submitted by Cll Rishi Pal InspectorState Crime Branch Faridabad The 7 Z Director FSL Madhuban vide his order dated 19l2009 has 11 sent the results of polygraphy test of Raj Singh Harsh Kumar Jagdish an Jeet Ram to the office of State Crime Branch Madhuban Haryana and as per the polygraphytest answers givenby all the accused are found to be truthful On 62009 a Ietter has been written by SP SCB Faridabad to ADGP Crime Haryana for declaringa reward of 500001e to source for giving any information in the investigation trl . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 475 1 crl Misc No M61170 of 2006 06Ml 161 illJ pending On 2362010 a status report was fiied by ShafiuddinInspector State Crime Branch Faridabad stating that despite the publication pertain ing to the awa rd on 242009 no clue is obtained of the real culprits On 182009 Brij Bihari Rakesh Kalra and Deepak were interrogatedOn 2172009 statement of Harish was 1 recorded and he asserted that when he saw the injuredand 0 U inquiredfrom him how the injurieswere sustained he was I 9 not told any thi ng Thereafter he gave a call on mobile No I 9871169320 from his own mobile to his parents This Z witness is unable to disclose the name of the real culprits rL On 582009 and 682009 Dhan Singh Naresh and I Devender were againjoinedin the investigationbut it was a futile exercise Mobiies of Anil and Sewa Ram were Z interceptedbut no clue ofthe culpritswas obtained m On 222010 an applicationto conduct NARCO 7 Z test was filed before the Illaqa M ag istrate a nd permission Qm was granted Finally status report was fiied on 3 12011 by Ram Pal Singh Inspector The NARCO test could not be conducted as the consent of the suspects namelyJeet Ram Harsh Kumar and Jagdishwas conditional that there should not be any adverse effect on their body The Director FSL Gandhi Nagar Gujratdenied to conduct the NARCO test On 82010 Raj Rani mother of the deceased Dhan Singh r3 . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 476 Pl Cr Misc No M61170 of 2006 O6Ml 171 4 1 fatherof the deceased and Naresh brother of the deCeaSed were agaln joinedthe investigationand they insisted that the accused named in the FIR are culprits but no evidence against the accused is received or obtained Inspectionwas carried out on 1462010 by the FSL team but theycouid collect no evidence The discharge m report IS pendingbefore the court of IllaqaMagistratefor 2412011 Cl C1 Counsei for the petitioner has referred to a 32 judgmentof this Court in Davinder Singh v State of UT 0 Chandigarh and another Crl Misc No N11415 of 20101to Z contend that the matter be referred to C1 Heard counsel for the parties I In the present case after registrationof the FlR Z even Since the year 2006 detailed and thorough er investigationhas been carried out by the State Crime m Branch and four successive status reports have been filed 7 Z where the petitioneras well as the accused were joined 0m investigationona number of occasions After the inquiry it has been found that the statement of complainantis faisified by the statement given by Harish Kumar and Jagdishthat the complainanthad reached the place of occurrence after the incident and they were not able to see the culprits The deceased had not na med anybodybefore dying that who were the culpritsand who sustained injuriesupon him At . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document 477 Crl Misc No M61170 of 2006 06Ml 1 8 every stagethe investigationhas been carried out diligently andon one occasion it was also broughtto the knowledgeof DGPIo groundis made out to refer the case to CB1 The criminai miscellaneous is dismissed 30 2011 RITU BAHRI I 1 RUPI JUDGE C6a J Cl 0 0 r r Z m 7 Z 1 ll . uma 2012.07.05 14: 41 Scanned True Copy of Original PHHC,Chandigar h JOYTI RANI 2016.03.28 16:20 I attest to the accuracy and integrity of this document