IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Misc. No.27589 -M of 2011 (O&M) DATE OF DECISION : NOVEMBER 8, 2011 MEENU ....... PETITIONER(S) VERSUS STATE OF HARYANA & ORS. .... RESPONDENT(S) CORAM : HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr. Rahul Rathore, Advocate, for the petitioner(s). Mr. BS Saini, Sr. DAG, Haryana. AJAI LAMBA, J. (Oral) 1 This petition has been filed under Section 482, Code of Criminal Procedure, praying for issuance of directions to respondent No.2 to take appropriate action by way of directing respondent No.3 to change the Investigating Officer of case (FIR) No.215 dated 31.8.2011 under Sections 354, 452, 506, Indian Penal Code, Police Station, Safidon, District Jind and also take appropriate action on representation dated 6.9.2011 (Annexure P-1) made by the petitioner . 2 Allegedly, the modesty of the petitioner was outraged and other offences were committed on the intervening night of 7/8.8.2011. Report was immediately made to the concerned police station. No action, however, was taken thereupon. The Investigating Officer; namely, ASI Randhir Singh, did not proceed Criminal Misc. No.27589 -M of 2011 (O&M) 2 as per the Code of Criminal Procedure. 3 Reply, by way of affidavit of Shri Ashok Kumar, Superintendent of Police, Jind, has been filed in court today, which is taken on record. 4 As per the reply, in response to the notice issued by this Court, an inquiry as regards the allegations levelled in the petition, was marked to Deputy Superintendent of Police, Narwana. It was found that complaint dated 26.8.2011 was received from the petitioner in regard to the incident. It was marked to ASI Randhir Singh, for necessary action. On 31.8.2011, FIR, as detailed above, was registered. It has been verified that there is incriminating material against Vikas son of Bani Singh and Vinod son of Maha Singh, who have been arrested on 4.10.2011. The investigation has already been transferred to ASI Ram Pati. So far as ASI Randhir Singh is concerned, vide memo dated 29.10.2011, regular departmental inquiry has been ordered against him, for showing negligence/dereliction in discharge of official duties. 5 Considering the above, the petition is disposed of having been rendered infructuous. 6 Before parting with the order, this court notices that ASI Randhir Singh has been transferred from Police Station, Safidon to Police Station, Sadar Jind. Although regular departmental inquiry has been ordered against ASI Randhir Singh, mere transfer of the said official/officer, particularly in context of dereliction of duty as regards an offence involving modesty of a woman, might not be sufficient. Further, it is a Criminal Misc. No.27589 -M of 2011 (O&M) 3 matter of inquiry as to whether the victim made complaint immediately after the incident, or on 26.8.2011, as is being alleged at this stage. This court trusts that Superintendent of Police, Jind, shall ensure that complete justice is done and such incidents are not repeated, particularly where modesty and respect of a woman is involved. 7 Copy of the order be given to Shri Saini under the signatures of the Bench Secretary, for onward transmission to Superintendent of Police, Jind. NOVEMBER 8, 2011 ( AJAI LAMBA ) Kang JUDGE 1.To be referred to the Reporters or not? 2.Whether the judgment should be reported in the Digest?