IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. M. No.36591-M of 2009 Date of Decision:22.2.2010 Rakesh Kumar .... Petitioner Versus State of Haryana and others .... Respondents CORAM: Hon'ble Ms. Justice Nirmaljit Kaur Present: Mr. Naveen Daryal, Advocate for the petitioner. Ms. Pruti Chaudhary, A.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. The grievance of the petitioner is that in spite of various representations having been made to the appropriate authorities, the police has not been able to either arrest the accused persons or to trace the culprits as named in the FIR itself. It is further stated that the petitioner had sought information under the RTI Act through the police SP Office Department Ambala. Four boys were identified as accused/culprits of the murder of Krishan Kumar. In this regard, a statement before the Additional SP Ambala was recorded of Suraj and Sonu, who categorically stated in their statements before the Additional SP Ambala that the two persons identified as namely, one Rahul and one Vijay have murdered Krishan Kumar in their presence. It is further stated that the police did not take any action to arrest them. Upon notice, reply by way of affidavit of Ashok Kumar, Deputy Superintendent of Police, Barara, has been filed stating therein that Crl. M. No.36591-M of 2009 -2- every effort was made but no proof of foul play has come on record. Reliance has been placed on the report of the Doctor. As per the report no injury on the person of deceased aged 13-14 years has been detected. It is further stated that the said death was due to drowning. There is specific allegation in the FIR. Admittedly, no arrest was made. The investigating officer in the present case has already given up. The son of the petitioner has died. The allegation is that it is a cold blooded murder. The reply is not satisfactory. Without commenting upon the merits of the case, the instant petition stands disposed of with a direction that the investigation be handed over to Crime Branch, Ambala, to be conducted by an officer not below the rank of Deputy Superintendent of Police, who shall submit his final report within 3 months. 22.2.2010 ( NIRMALJIT KAUR ) rajeev JUDGE