Criminal Misc. No. M-11821 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-11821 of 2011 Date of Decision: 18.5.2011 Lal Singh …Petitioner Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Sarfraj Hussain, Advocate for the petitioner. Mr. Sandeep S. Mann, Senior Deputy Advocate General, Haryana, for respondents No.1 to 3. Mr. Jai Vir Yadav, Advocate for respondent No.4. Mr. Narender Sura, Advocate for respondents No.5 to 9. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. with a prayer that respondent No.2-Deputy Commissioner of Police, Gurgaon, be directed to decide the representation dated 21.9.2010 (Annexure P1) and thereafter initiate necessary legal action against respondents No.4 to 9 and other persons who are involved in the murder of son of the petitioner. In response to this petition, Tejveer Singh, Assistant Commissioner of Police, Pataudi, Gurgaon, has filed a reply by way of Criminal Misc. No. M-11821 of 2011 2 his affidavit on behalf of respondents No.1 to 3 and the same is taken on record. It has been stated therein as under:- “1. That the present petition is not maintainable. Brief facts of the case are that on 27.04.2009 a telephonic message was received in Police Station Farukh Nagar, Gurgaon that one person has died due to hanging in the area of village Garhi Nathe Khan, Police Station Farukh Nagar, Gurgaon. On this, police party reached the place of occurrence and recorded the statement of Deshraj s/o Sh. Ramjiwan and in his statement, it was revealed that the deceased Surender s/o Sh. Lal Singh was habitual drunkard and was under tension and as such he committed suicide by hanging. After the proceedings under Section174 C.P.C. Were carried out. Postmortem of dead body of deceased Surender was got conducted and the Medical Officer gave his report regarding cause of death “In my opinion, the cause of death in this case is due to Asphyxia and due to ante mortem Hanging and it is sufficient to cause death in normal course of life.” Statement under Section 175 C.P.C of Shiv Narain and Deshraj were recorded after completion of the proceedings under Section 174 Cr.P.C. and postmortem examination as the matter was of suicide so the report was submitted and the same Criminal Misc. No. M-11821 of 2011 3 was filed. Thus, the present petition is liable to be dismissed”. Learned counsel for the petitioner has submitted that in view of the reply filed by the State, liberty be granted to the petitioner to institute a criminal complaint in the Court of competent jurisdiction against the accused persons so that those who are guilty for the murder of son of the petitioner are taken to task. Without making any observation on the merits of the case, the present petition is disposed of with an observation that petitioner, if so advised, may file a criminal complaint in the Court of concerned Area Judicial Magistrate. (Kanwaljit Singh Ahluwalia) Judge May 18, 2011 “DK”