IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM M-5368 of 2010 Date of Decision:31.3.2010 Barseena .... Petitioner Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Ashit Malik, Advocate for the petitioner. Mr. Sanjeev Sura, Addl. A.G. Haryana. **** 1.Whether Reporters of Local Newspapers may be allowed to see the judgment? 2.To be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? NIRMALJIT KAUR, J.(Oral) The prayer made in the present petition is for transfer of investigation in case FIR No.454 dated 30.12.2009 registered under Sections 323/316/506/34 IPC at Police Station Hathin, Distt. Faridabad to some other independent agency. It is specifically stated in paras 3,4, and 5 of petition that investigation in the present case was entrusted to SI Karan Singh, who investigated the case and recorded the statements of the witnesses. Thereafter, the said Investigating Officer found the four accused mentioned in the FIR to have committed the crime for which they had been booked. The said investigation was also verified by the DSP, Hathin Sh. Nathu Singh. Before the challan could be filed in the Court, the Investigating Officer was changed and the investigation was taken over by SI/SHO Ravinder Singh. It is stated that the Investigating Officer was changed in order to get a report in favour of the accused. Reply has been filed. In the reply, the averments made in paras CRM M-5368 of 2010 -2- 3,4 and 5 are admitted. No reason for change of Investigating Officer has been pointed out. It is further stated in the written statement that the cancellation report has been prepared. It is, therefore, evident that the apprehension of the petitioners were not misplaced. Accordingly, it is only fair and in the interest of justice that the said investigation should be handed over to some other investigating officer i.e.CIA, Palwal. The said investigation shall now be conducted by an officer not below the rank of DSP of the said Investigating Agency. Meanwhile, further proceedings in pursuance to the cancellation report, if filed, shall remain stayed till the final report either way is submitted by the new Investigating Officer. However, the Investigation should be fair and any observation herein shall have no bearing on the inquiry to be now conducted by the Officer of the CIA. Disposed of accordingly. 31.3.2010 ( NIRMALJIT KAUR ) rajeev JUDGE