CRM No. M 15798 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 15798 of 2010 Date of decision: 14.02.2011 Krishan Lal Gulati ........ Petitioner Versus State of Haryana and others .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr.R S Tacoria, Advocate for the petitioner Mr. Sidrath Sarup, DAG, Haryana for the respondent - State -.- 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is a petition under section 482 Cr.P.C for transfer of the investigation in FIR No. 43 dated 06.05.2010 registered under Sections 302 and 201 IPC at Police Station Jagadhri Sadar from Police Station Jagadhri Sadar to some other independent investigating agency like CBI or CID (Crime Branch), Haryana. It is contended by the learned counsel for the petitioner that the police has not taken into consideration the last seen evidence of the deceased with the accused persons. The Car which was found parked at the house of the accused was identified by one of the students that the same CRM No. M 15798 of 2010 2 belonged to Varun Kaushik i.e. one of the accused. It is further stated that when the petitioner, relatives and friends went to the house of accused, they were told by the sister of Varun Kaushik that her mother, father, and brother had gone to meet some one to take advice with respect to Vikram Gulati and that the family of the deceased were not even informed that the Vikram Gulati had died due to drowning. Neither the clothes, nor other articles and nor the mobile phone of the deceased has since been recovered. More over, these accused persons were produced before the trial Court without arrest. As such, the police is hand in glove with the accused. Learned State counsel, on instructions from SI Raghubir Singh, states that the cancellation report in this case has since been prepared. Some of apprehensions expressed by the present petitioner herein therefore, prima facie appear to be correct. Without expressing any observation on the issues raised by the present petitioner, in the interest of justice and taking into account that the investigation agency as of today has already given up and have prepared the cancellation report, the allegations being serious, the investigation of the present case is ordered to be handed over to the State Crime Branch to be conducted by an officer not below the rank of Superintendent of Police, who shall investigate the entire matter and submit the final report as soon as possible in accordance with law. Disposed of accordingly. (Nirmaljit Kaur) Judge 14.02.2011 mohan