Punjab-Haryana High Court
Som Singh vs State Of Punjab And Others on 20 October, 2009
Author: Augustine George Masih
Bench: Augustine George Masih
Crl.Misc.No.M-20146 of 2006 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-20146 of 2006
Date of Decision:- 20.10.2009
Som Singh ....Petitioner(s)
vs.
State of Punjab and others ....Respondent(s)
***
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
***
Present:- Mr.P.S.Goraya, Advocate,
for the petitioner.
Mr.Amandeep Singh Rai, AAG, Punjab.
Mr.Anmol Rattan Sidhu, Sr.Advocate with
Mr.Atul Kaushik, Advocate,
for the C.B.I.
***
AUGUSTINE GEORGE MASIH, J.
The present petition under Section 482 Cr.P.C. has been filed by the petitioner who is the unfortunate father of deceased Sukhdeep Singh and is complainant in FIR No.12 dated 28.1.2002 under Sections 302/201 IPC registered at Police Station Chabhal. Apart from his son-Sukhdeep Singh, Head Constable Rashpal Singh, who was brother-in-law of Sukhdeep Singh, was also murdered. Initially, the investigation was conducted by Inspector Gurdev Singh, Sh.Dharam Singh, SP Headquarters, Inspector Jaswant Singh, CIA Majitha, Sh.Ashok Bath SP (D), Tarn Taran but the police was unable to find out the murderers and accordingly submitted an untraced report. The untraced report was accepted by Judicial Magistrate, Ist Class, Tarn Taran vide order dated 23.7.2005. The said order accepting Crl.Misc.No.M-20146 of 2006 -2- the untraced report was passed by the Judicial Magistrate, Ist Class, without issuing notice to the petitioner who was the complainant, rather the notice was, on various occasions, issued to Rajbir Singh son of Har Bakshish Singh who was the accused in the said FIR. The Court further proceeded to accept the untraced report as the complainant did not come present to contest the same. As a matter of fact, since no notice was issued to the petitioner who was the complainant, there was no occasion for the petitioner to appear before the Judicial Magistrate, Ist Class, Tarn Taran, to contest the untraced report submitted by the police. The petitioner, therefore, preferred Crl.Rev.No.800 of 2006 which stands allowed by this Court vide order of even date wherein the order dated 23.7.2005 has been set aside. It would not be out of way to mention here that the petitioner had earlier preferred Crl.Misc.No.M-25264 of 2003 wherein a prayer was made by the petitioner to refer the matter to CBI for investigation as he was apprehending that the police was not investigating the matter in a fair and impartial manner. The said petition came up for hearing before this Court on 4.10.2005 when the following order was passed:-
"Present:- Shri AS Kalra, Advocate, for the petitioner.
Shri N.S.Gill, AAG, Punjab.
The petitioner has filed this petition under Section 482 Cr.P.C. for transferring the investigation of case FIR No.12 dated 28.1.2002 under Sections 302/201 IPC, registered at Police Station Chabhal and DDR No.27 dated 30.1.2002.Crl.Misc.No.M-20146 of 2006 -3-
Counsel for the respondent-State on instructions from Mukhvinder Singh ASI states that during the pendency of this petition, after the investigation, the police had submitted the untraced report to the Court on 31.3.2004 and the said report was not accepted and vide order dated 31.3.2004, reinvestigation was ordered. During the pendency of the investigation, the Senior Superintendent of Police has constituted a special investigating team for investigation in the aforesaid case, which is headed by SP (D) and other members of the team consisting of DSP, CIA Inspector and SHO of the concerned police station. Since, the investigation has already been handed over to the Special Team, this petition has become infructuous and is dismissed as such."
It is apparent that the State officials did not bring it to the notice of the Court that the untraced report as submitted by the police stood accepted by the Judicial Magistrate, Ist Class, Tarn Taran, vide order dated 23.7.2005. The effort on the part of the investigating Agency to shield the accused is writ large.
Thereafter, the present miscellaneous petition was filed by the petitioner when the police was unable to dig-out the truth and pin down the accused with regard to the double murder committed resulting in the death of the son of the petitioner and Head Constable Rashpal Singh, brother-in- law of the deceased-son of the petitioner. The prayer in the present petition was for referring the matter for further investigation to the Central Bureau of Investigation. A perusal of the record clearly indicates that on Crl.Misc.No.M-20146 of 2006 -4- various dates, the matter has been adjourned on the request made by the counsel for the State as the matter was under investigation. At various stages, status reports have been submitted by the State and different investigation teams have been constituted by the investigating Agency and on various occasions, untraced reports have been submitted by the investigating Agency which reports have not been accepted by the Judicial Magistrate, Tarn Taran where the untraced reports were submitted. This clearly indicates that the Magistrate was not satisfied with the investigation which is being conducted by the police.
Counsel for the petitioner contends that a perusal of the various orders passed by this Court and the various Special Investigation Teams constituted by the investigating Agency and the status reports submitted by the police in the matter clearly suggest that the police is in hand and glove with the accused and is not making an earnest effort to pin down the accused. He has brought to the notice of the Court the statement dated 26.11.2005 recorded under Section 161 Cr.P.C. of one Darbara Singh, Ex- Sarpanch son of Sohan Singh, caste Jat resident of Missarpura (Annexure P-
6). Relying upon the said statement, he submits that accused Rajbir Singh son of Har Bakshish Singh had made an extra judicial confession before Darbara Singh, Ex-Sarpanch that Sukhdeep Singh son of Som Singh (petitioner) and Head Constable Rashpal Singh were killed by him and one Ravinder Singh son of Sukhvinder Singh Prajapat, resident of Waryam Nangal and the dead bodies were thrown by them in the canal on 23.1.2002. He submits that in view of the extra-judicial confession made by accused- Rajbir Singh, there is no manner of doubt with regard to the factum of the commission of murder of the two deceased but still the police has found Crl.Misc.No.M-20146 of 2006 -5- them innocent. His further contention is that the learned Area Magistrate has time and again found the investigation done by the police as unsatisfactory and has, while exercising its powers, directed further investigation in the matter. He contends that the Magistrate does not have the powers to direct the Central Bureau of Investigation to investigate the matter. For this contention, he relies upon a judgment of the Hon'ble Supreme Court in the case of Sakiri Vasu vs. State of U.P. And others, 2008 (1) RCR (Crl.) 392 (SC). He contends that this leaves no manner of doubt that the investigation so conducted by the police till date is totally unsatisfactory and no sincere efforts have been made by them to pin-down the accused.
On the other hand, counsel for the respondent-State has submitted that all efforts have been made by the police to find out the truth but has been unable to collect any evidence which would point an accusing finger towards any person. He submits that in the absence of any evidence on record, the police is unable to present a challan against the accused. Mere accusations by the petitioner cannot be made the basis for submission of challan against them when there is no evidence to link the accused with the commission of the crime.
I have heard counsel for the parties and gone through the records of the case. Merits of the case and the details of the investigation conducted by the police are not being discussed herein lest the opinion expressed influences the investigation of the case. On giving my thoughtful consideration to the facts of the case and the submissions made by counsel for the parties, I am satisfied that the investigation conducted by the police in the present case is much below the required care and Crl.Misc.No.M-20146 of 2006 -6- caution expected of an investigating Agency. The efforts made by the police are not upto the mark and the matter requires a thorough and deep investigation with a specialized Agency keeping in view the facts of the present case.
The matter was earlier heard on 9.10.2009 when on consideration of the matter, notice was issued to Sr.Standing counsel for C.B.I. Dr.Anmol Rattan Sidhu, learned Sr.Standing Counsel for the CBI has come present in Court. No serious objection has been put-forth by the learned Sr.Counsel for the CBI opposing the reference of the matter to the CBI for further investigation.
Keeping in view the totality of the facts and circumstances of the case, as has been culled out and has been referred to above and in the light of the submissions made by the counsel for the parties, this Court is satisfied that the matter requires deep and thorough investigation by the Central Bureau of Investigation.
The investigation of FIR No.12 dated 28.1.2002 under Sections 302/201 IPC, Police Station, Chabhal, District Amritsar, is transferred to Central Bureau of Investigation, Chandigarh, which shall be conducted by an officer not below the rank of Dy.S.P. The complete records be handed over by the State of Punjab to the Central Bureau of Investigation, Chandigarh, within three weeks from the date of receipt of copy of this order.
Copy of this order be handed over to counsel for the parties for compliance, under the signatures of the Special Secretary of this Court.
October 20, 2009 ( AUGUSTINE GEORGE MASIH )
poonam JUDGE
Crl.Misc.No.M-20146 of 2006 -7-