Punjab-Haryana High Court
Shiv Kumar vs State Of Haryana --Respondent on 21 January, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CRM No. M-21426 of 2013(O&M)
Judgement reserved on 16.1.2014.
Date of Decision: 21.1.2014.
Shiv Kumar --Petitioner
Versus
State of Haryana --Respondent
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA.
Present:- Mr. Gurbax Singh Bains, Advocate for the petitioner.
Mr. Vikas Malik, Assistant Advocate General, Haryana.
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TEJINDER SINGH DHINDSA.J The instant petition has been filed under Section 482 Cr.P.C praying for issuance of appropriate directions for transferring the investigation in F.I.R. No.19 dated 30.4.2013 under sections 302, 120-B I.P.C registered at Police Station, G.R.P., Chandigarh to the Central Bureau of Investigation.
It has been pleaded on behalf of the petitioner that on 7.4.2013 his son namely Parveen Kumar aged 16 years had left the house in the evening for going to the local market in Sector 11, Panchkula but did not return home. The family members searched for him throughout the intervening night of 7/8.4.2013. The Govt. Railway Police of Police Station, G.R.P., Chandigarh recorded D.D.R No.6 dated 8.4.2013 on the basis of the statement made by some railway official that a dead body had been found near the railway track in the morning of 8.4.2013 and the police sent the dead body to the mortuary in Civil Hospital, Sector 6, Panchkula for post mortem examination. The doctor having conducted the post Lucky mortem on 9.4.2013 at 2.30 P.M recorded in the P.M.R that the death 2014.01.24 14:02 I attest to the accuracy and integrity of this document chandigarh CRM No. M-21426 of 2013(O&M) -2- of deceased Parveen Kumar had occurred about 24 hours prior to conducting the post mortem. Petitioner contends that he made certain personal inquiries in the matter and became aware that his son had been last seen in the market of Sector 14, Panchkula in the evening of 7.4.2013 in the company of his estranged friends namely Pratham and Ankur Saini. Thereafter, deceased had gone missing and his mobile was not responding and ultimately his dead body was found near the railway track on the morning of 8.4.2013. The petitioner, accordingly, entertains a belief that his son is not the victim of an accident but has been murdered and the police authorities are hand in glove with the alleged murderers. It is further pleaded that upon a representation having been filed on 27.4.2013 to the S.S.P., G.R.P., Ambala Cantt., the police registered an F.I.R No.19 dated 30.4.2013 under Sections 302, 120-B I.P.C at G.R.P. Police Station, Chandigarh.
It has been contended on behalf of the petitioner that the police is not conducting a fair and impartial investigation and the suspects have not been taken in custody for interrogation and neither any lie detector test has been performed upon them.
Upon notice of motion having been issued, two affidavits of Ashok Kumar, I.P.S., S.P., Railways, Haryana, Ambala Cantt. Dated 6.9.2013 and 26.10.2013 in the nature of status reports as regards the investigation conducted in the matter, have been filed and placed on record.
Learned counsel for the parties have been heard at length and the case file has been perused minutely.
It is by now well settled that when any illegality and/or malafide action on the part of the investigating authorities, either on its own CRM No. M-21426 of 2013(O&M) -3- or at the behest of an interested party is brought to the notice of this Court, the High Court would have the power in exercise of its inherent and plenary powers under Section 482 Cr.P.C to intervene and to set right the illegality or malafide action on the part of the investigating authority.
Do the facts of the present case warrant any interference, is the short question involved.
D.D.R No.6 dated 8.4.2013 was recorded on the basis of a memo dated 8.4.2013 reported by Keyman Sh. Baij Nath reporting that one dead body was lying out of track between C.D.G-GHG at Km. No.238/7-6. Accordingly, ASI Ashwani Kumar was deputed to the spot to conduct the inquest proceedings. Dead body of the deceased Parveen Kumar was taken to Civil Hospital, Sector 6, Panchkula for identification and post mortem. Body was identified by Shiv Kumar i.e. the present petitioner. As per opinion of the doctor, who conducted the post mortem, the cause of death was due to injuries described in the P.M.R which were ante mortem in nature and the viscera was preserved for chemical analysis. In the process of investigation the Investigating Officer recorded the statement of Partap Singh, Driver of Passenger Train No.54512, Nangal Dam to Ambala to the following effect:-
"It is stated that I am working as a driver in Railway. On 07.04.2013, while I was driving train number 54512 Naggal Dam to Ambala at about 18/55 between KM No.238 on Chandigarh-Ghaggar track, 2 boys were sitting on the railway line and 8-10 boys were standing at a distance on the side of industrial area from railway line. Out of the 2 boys sitting on the line, a boy was wearing red shirt and blue jeans and other was in white shirt. Both of these boys were near 18- 20 years and were smart. Both of them fearlessly were making coming signs towards the train. In the meanwhile one of the CRM No. M-21426 of 2013(O&M) -4- boy tumbled down on the side of the railway line and the boy with the red shirt while standing up, struck against the engine and fell down out of the track. Both these boys were sitting on both tracks, opposite to each other, facing coming train with legs on both sides of railway line. I tried to stop the train but in this process it covered a distance up to KM No.237/13-14 and then stopped. I told Assistant Driver and Guard Gulshan Kumar that somebody has struck against the engine, so go and see. They went back upto KM No.238 and told him after coming that none has been found. Train halted for 20 minutes, during this period many people collected near the train and made enquiry about the stopping reason but nothing came out about the said person. All these boys were of the same age. The boy who struck against the engine was wearing red shirt and blue jeans. The boy with the red shirt died due to strike with train number 54512. There is no doubt about the same of any type. Sd/- Partap Singh, GR, HQUMB. Dt. 14.04.2013."
It so transpires that upon the petitioner i.e. father of the deceased having made an application that F.I.R No.19 dated 30.4.2013 under sections 302, 120-B I.P.C was registered in Police Station, G.R.P., Chandigarh. It has been stated in the affidavits filed by the S.P., Railways, Haryana, Ambala Cantt. that the investigation has been conducted impartially under the direct supervision of Dy.S.P., Railways, Ambala Cantt. To meet the allegation made by the father of the deceased that his son had gone missing on 7.4.2013 at 6.30 P.M and the post mortem that was conducted at 2.30 P.M on 9.4.2013 in which the doctor had recorded an opinion that the period between death and post mortem is 24 hours approximately and as such, his son could not have died in the train accident on the evening of 7.4.2013, the opinion of the doctor was again taken as part of the investigation process and on 20.6.2013 the doctor opined in the following terms:-
CRM No. M-21426 of 2013(O&M) -5-
"The opinion regarding this was found on dated 27.4.2013 in which it was clearly mentioned that death on dated 7.4.2013 cannot be ruled out as the body was kept in mortuary in the mortuary refrigerator causing delay of disappearance of rigor mortis. The death of deceased on
7.4.2013 is possible."
That apart, the call details along with tower locations of the deceased as also the so called estranged friends of deceased i.e. Pratham and Ankur Saini have also been procured by the police authorities. Furthermore, even a polygraph test has been conducted upon both the suspected boys and the report in that regard from Forensic Science Laboratory, Madhuban, Haryana stands appended as Annexure R-1 along with the affidavit dated 26.10.2013 of the S.P., Railways, Haryana, Ambala Cantt. Even the report of the Chemical Examiner, Karnal is placed on record as Annexure R-2.
In the opinion of this Court learned counsel for the petitioner has not been able to establish any laxity or malafide intention in so far as the investigating authority is concerned.
Even though, the anguish of the petitioner, who has lost his son is understandable, yet, sympathy alone cannot be made the basis of holding an investigation process to be unfair. No valid ground has been made out for accepting the prayer raised in the present petition and the same is, accordingly, dismissed.
It is, however, clarified that the observations contained in the present order are only confined in so far as rejecting the prayer made in the instant petition and the same shall not be construed as an expression of opinion as regards the ultimate outcome of the investigation. This order shall also not preclude the petitioner of availing of any other remedy that may be available to him under the provisions of the Criminal Procedure Code.
Petition disposed of.
(TEJINDER SINGH DHINDSA) JUDGE January 21st, 2014.
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