Punjab-Haryana High Court
Partap Singh Ranga vs State Of Haryana And Others on 4 March, 2013
Author: Paramjeet Singh
Bench: Paramjeet Singh
Crl. Misc. No.M-404 of 2011 (O & M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANAAT
CHANDIGARH
Crl. Misc. No.M-404 of 2011 (O & M)
Date of Decision: March 04, 2013
Partap Singh Ranga
... Petitioner
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
1) Whether Reporters of the local papers 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 ?
Present: Mr. Sanjay Majithia, Senior Advocate,
with Mr. Shailender Sharma, Advocate,
for the petitioner.
Mr. Sandeep S. Mann, Senior DAG, Haryana.
Paramjeet Singh, J.
Petitioner is an unfortunate father of Devender Kumar Ranga, who was posted as Assistant District Attorney (hereinafter referred to as "ADA") in the courts at Narnaul, District Mohindergarh for the last about two years and died under suspicious circumstances in the company of police officials. The petitioner has filed the instant petition under Section 482 of the Code of Criminal Procedure complaining that proper and fair investigation has not been conducted by the police authorities of District Crl. Misc. No.M-404 of 2011 (O & M) 2 Narnaul, in case arising from FIR No.147 dated 26.07.2010, registered at Police Station Sadar, Narnaul, District Mohindergarh, under Sections 279, 337, 304-A and 427 of the Indian Penal Code in which the petitioner suspects complicity of some police officials. The prayer has been made that the investigation of the aforesaid case be taken over by/handed over to the Central Bureau of Investigation (hereinafter referred to as the "CBI") with a direction to expedite its completion and to exercise extraordinary powers for fair, impartial and complete enquiry/investigation into the case.
Brief facts of the case are that Devender Kumar, son of petitioner had remained posted as ADA in the Courts at Narnaul, District Mohindergarh for the last about two years. The son of petitioner had enjoyed a very fair and honest reputation amongst the members of Bar as well as his colleagues. There was no complaint whatsoever of any type against the son of petitioner. It is further averred that the petitioner himself is an Advocate and is a respectable person among the Bar Members. The petitioner had also remained Chairman/President of District Consumer Forum. Unfortunately, said Devender Kumar Ranga, who was posted as ADA at Narnaul, is alleged to have been murdered in custody by the police officials-respondents no.5 to 10 in collusion with each other. They hatched a conspiracy and had shown the death of son of petitioner as an accidental death, though the same is baseless. The police have converted the case of murder into an alleged road side accident and registered the FIR (Annexure P-1). It is alleged in the FIR that driver of PCR, respondent Crl. Misc. No.M-404 of 2011 (O & M) 3 no.8-Rakesh Kumar was driving the vehicle at a normal speed. At about 12.20 a.m, in the night, a dumper bearing registration No.HR 66-8145 came from Narnaul side towards Rewari in a rash and negligent manner from the wrong side and hit the PCR-gypsy. The said gypsy turned towards its right side and due to said impact, the gypsy caught fire and the persons sitting on the back seat came out from the gypsy. They brought out Devender Kumar, ADA and Rakesh Kumar, driver with great difficulty and certain persons got simple injuries. Devender Kumar Ranga died on account of injuries and the gypsy got burnt. It is alleged by the petitioner that the story of alleged road side accident is totally baseless, wrong and cannot be believed. The petitioner had made an application to respondent no.3-Superintendent of Police on 24.08.2010 giving details of the fake enquiry being conducted by the police against the police officials, even though the copies thereof had been sent to the Hon'ble Chief Justice, Punjab and Haryana, High Court, Chief Minister, Haryana and others. It was alleged in the application that in order to save the skin of police officials, the local police prepared the challan on 17.08.2010 within a period of one month from the date of occurrence and forwarded the same through APP to the Court on 28.09.2010. It is further submitted that the police officials were in such a hurry that the investigation has been done within no time. Even the petitioner moved an application to respondent no.2-Inspector General of Police, Haryana, Rewari for fair and impartial investigation into the case which was marked to ASP. The petitioner Crl. Misc. No.M-404 of 2011 (O & M) 4 alongwith others appeared before the concerned authority and the Superintendent of Police directed the petitioner to be present on 18.09.2010 and then he was told that statement of Head Constable Rakesh Kumar was recorded in full and even statement of Tushar was also recorded in their presence. The call details of Tushar were not told to the petitioner. Even it is mentioned in the application that the affidavit of Hari Pal, Junior Engineer was also produced and accepted and thereafter Investigating Officer asked the petitioner to go and Gulab Singh ASI, Dayanand ASI, Samay Singh Driver and Om Parkash Constable would be called and matter would be enquired on various dates. The enquiry allegedly has not been conducted in a fair and proper scientific manner. The application was moved to the Inspector General of Police, Haryana, but nothing constructive came out.
It is also averred that various articles belonging to Devender Kumar Ranga such as mobile, ATM, credit card and some money, chain, ring, watch, shoes and other belonging have not been given to the petitioner. All these facts coupled with other facts such as that he was taken away by Head Constable Rakesh Kumar in a private vehicle, but he never returned back, proves that he has been murdered. It is alleged that the police officials had fabricated a story. It has allegedly come to the knowledge of the petitioner that Gulab Singh, Rakesh Kumar, Dayanand, Samay Singh had taken food together at night and also the fact that son of the petitioner was compelled to take liquor forcibly. It is further averred Crl. Misc. No.M-404 of 2011 (O & M) 5 that the police had presented the challan in a hasty manner just to save the police officials. It is also alleged that as per the police version, ADA had died due to the injuries as well as burns of the PCR-gypsy and was taken to GH, Narnaul and post-mortem of dead body reveals five injuries on the person of deceased. Surprisingly, no burn injury was found on the person of deceased and not even the smell of diesel, petrol or liquor which was alleged to have been consumed, has been mentioned. As per opinion of doctor, the cause of death is haemorrhage and shock due to multiple injuries and massive hemothorax which is sufficient to cause death. It is also alleged in the petition that Haryana Samaj, a newspaper had carried the photographs which required to be considered in the investigation. There is a last seen evidence of the deceased with Tushar, who was standing with Rakesh Kumar, one of respondents and thereafter he never came. It is alleged that during the enquiry, it has come that Head Constable Rakesh Kumar had parked his private vehicle at some distance. They took deceased-Devender Kumar Ranga in that vehicle and he was admitted in the Govt. Hospital, Narnaul at 12.00 in the night. The matter is required to be handed over to CBI as it is a case of custodial death/murder and compensation is also required to be awarded to the petitioner.
On notice, Additional Superintendent of Police, Narnaul, District Mohindergarh has filed his reply. It is averred in the reply that son of petitioner has actually died in a vehicular accident on the intervening night of 25/26.7.2010 in village Sarai Bahadur Nagar, Tehsil Narnaul, so it Crl. Misc. No.M-404 of 2011 (O & M) 6 does not lie in the mouth of the petitioner to allege that his son was murdered. The story put forward by the petitioner that his son was murdered by respondents no.5 to 10 is without basis. It is averred that the matter has been probed impartially and fairly. The statements of Rakesh Kumar and Tushar were recorded in his presence and call details of Tushar were also obtained. It is further averred that no article such as mobile, ATM, credit card, some money, chain, ring, watch, shoes etc. belonging to deceased were recovered from the place of accident, so the question of handing over those articles to the petitioner does not arise. The story regarding the medical report put forth by the petitioner is not correct. It is also alleged that injury no.5 specifically denotes superficial burns on posterior aspect of left side of chest extending on to left renal area together with peeled of skin over large multiple area. It is also alleged that this is a case of accident, not of murder. It is alleged that investigation was conducted keeping in view affidavits of Hari Pal and maid-servant of deceased -Devender Kumar Ranga, but no truthfulness was found to the effect that the deceased was taken by Rakesh Kumar in his own vehicle. It is also alleged that the challan has already been presented on 17.8.2010 against accused-Dharambir, driver of dumper bearing registration No.HR 66-8145. Even the charge has been framed against the accused and the case is fixed for prosecution evidence. The prosecution has examined some of the witnesses.
I have heard learned counsel for the parties and perused the Crl. Misc. No.M-404 of 2011 (O & M) 7 record.
Learned senior counsel for the petitioner vehemently contended that the circumstances surrounding the death of Devender Kumar Ranga clearly indicate close proximity and nexus of the crime of murder especially when out of so many officials only one person is alleged to have died due to injuries. The learned senior counsel further contended that in such circumstances, fairness and ends of justice demand investigation of the case by an independent agency like CBI to unravel the mystery of death of Devender Kumar Ranga. Complicity of senior police officers in the murder of son of petitioner is writ large as the police officials used to have direct official dealings with the son of petitioner being an ADA and the deceased being an honest officer the police officials must have hatched a conspiracy to eliminate him particularly when serious attempt has been made to cover up and shield the police officials involved in the murder of son of the petitioner, so investigation by independent agency is must. It would certainly disclose whether there was complicity of the police officials. In the aforesaid background, the learned senior counsel for the petitioner contended that the investigation carried out by the State police regarding the death of Devender Kumar Ranga would not serve any purpose and to advance the ends of justice investigation be handed over to the CBI and the charge-sheet submitted before the Court by the police i.e respondent no.5 be stayed.
Learned State counsel as well learned counsel for private Crl. Misc. No.M-404 of 2011 (O & M) 8 respondents contended that a thorough investigation has been conducted in the case and resisted the claim canvassed by the petitioner for handing over the investigation to CBI, specifically, at this stage, when the investigation in the case has already been completed and the final report has been submitted to the Court and the charge has been framed. The learned counsel further contended that the case has been meticulously examined and investigation has been done in most transparent manner. The person found culprit has been challaned. The investigation carried out by the State police has not disclosed any reason or circumstance to suspect the involvement of any of the police official in the alleged accidental death of Devender Kumar Ranga, who is alleged by the petitioner to be a murder. The learned counsel further contended that the petition lacks merit and deserves to be dismissed.
I have considered the rival contentions raised by the learned counsel for the parties.
In the light of submissions made by respective counsel, more particularly with reference to the facts and circumstances presented in the case, there are serious imputations levelled against the senior police officials. The first question which emerges for consideration is whether it is a road side accident or a murder. It is admitted case that number of applications have been given by the petitioner whereby fair and impartial investigation was sought by the petitioner. With the reply filed in the present petition, no enquiry carried out by the police authorities has been Crl. Misc. No.M-404 of 2011 (O & M) 9 annexed. Only assertions have been made in the reply. The best evidence available in the shape of enquiry conducted by the police officials has not been produced.
Perusal of record relied upon by the respective parties clearly shows that no serious attempt has been made by the investigating agency to clarify whether there was a nexus between the crime and police officials. It has also not been brought on record under what circumstances, ADA was taken at dead of night and how he was present in the company of police officials. No attempts appear to have been made by the investigating agency regarding the death of Devender Kumar Ranga, to ascertain the cause of death, specifically when the accident is alleged involving a dumper and police gypsy. Apparently, it is unbelievable at the first sight that all the police officials escaped unhurt and no serious injury was sustained by any of them. It was only Devender Kumar Ranga, who suffered the vital injuries resulting into his death. It is settled principle of law that the fair trial of a case pre-supposes a fair investigation of the crime and demands investigation by an independent agency to instill confidence not only among the relatives of the victim but also among the general public at large in the investigating agency. From the record, I do not find that any attempt has been made by the senior police officials to ensure fair and impartial investigation despite serious imputations made against the police officials. Rather the evidence, more specifically the medical evidence, suggests that the story put forth by the police does not Crl. Misc. No.M-404 of 2011 (O & M) 10 inspire confidence. The deceased was among the alleged police officials and if that be so, then essentially his murder may be on account of their complicity in such crime and requires thorough investigation/probe by an independent agency like CBI which is entrusted with investigation of a case wherein the involvement of the investigating agency itself in the crime is involved. It is necessary to unearth the circumstances leading to mysterious death of Devender Kumar Ranga in which the police officials are involved and serious suspicion has been raised over their involvement. Even otherwise to redeem the honour of State police force/investigating agency, such a course of action is essential specifically when the suspect in the eyes of father of deceased are police officials. The suspected involvement of the investigating personnel i.e. the police officials has not only been raised for the first time in the petition, but it was also raised in the various representations which have been annexed with the petition as Annexures P-2 to P-6, in which details and all the surrounding circumstances raising suspicion have been explained. The fact that investigation has been carried out by the police officials, who are themselves allegedly involved, raise a serious doubt about the fair investigation. In such circumstances, I am of the prima facie view that to inspire confidence among the relatives of the deceased and the general public at large and to unravel the truth regarding the alleged death of Devender Kumar Ranga, investigation is required to be handed over to CBI.
Crl. Misc. No.M-404 of 2011 (O & M) 11
So far the contention regarding the filing of challan by the prosecution on completion of investigation and subsequently framing of charge is concerned, I do not find any merit in the submission. No significance can be given to it for not handing over such investigation to the CBI. When the conscious of the Court is satisfied, then justice cannot be allowed to become a casualty for the reason that the investigation agency has already submitted a final report under Section 173 Cr.P.C after completing investigation speedily. When the circumstances warrant that fair investigation of the crime has not been conducted and a serious probe is required specifically when there are serious allegations against the police officials with regard to improper investigation by the State police coupled with the circumstances indicating that the police officers are being shielded by their own colleagues, then to do complete justice, investigation needs to be carried out by the an independent agency.
The above facts are indication of genuine apprehension in the mind of the petitioner qua fair and impartial investigation. The circumstances prima facie reveal that there has been no fair and impartial investigation.
The Hon'ble Supreme Court in the case of Narmada Bai vs. State of Gujarat and others (2011) 5 SCC 79 has held that the investigation must be impartial and fair. In these circumstances, investigation in the present case is required to be transferred. Hon'ble Supreme Court in the matter of Minor Irrigation & Rural Engineering Crl. Misc. No.M-404 of 2011 (O & M) 12 Services, U.P. And Ors v. Sahngoo Ram Arya and Anr., (2002) 5 SCC 521, has said that an order directing an enquiry by the CBI should be passed only when the High Court, after considering the material on record, comes to a conclusion that such material does disclose a prima facie case calling for an investigation by the CBI or any other similar agency.
In the light of the above settled position of law and the material referred herein above, I am prima facie satisfied that there is sufficient material to come to a prima facie conclusion that investigation is needed to be conducted by an independent agency. In these circumstances, I deem it fit and appropriate that the investigation of this case be conducted by CBI.
In view of the above discussion, the police authorities of the State of Haryana are directed to hand over all the records of the present case to CBI within one week from the date of receipt of a certified copy of this order and CBI shall investigate all aspects of the case relating to the death of Devender Kumar Ranga and file report to the Court concerned having jurisdiction within a period of four months from the date of taking over of the investigation from the police authorities of the State of Haryana. I also direct the police authorities of the State of Haryana to cooperate with the CBI authorities in conducting the investigation. Any observations made in this order is only for the limited purpose of deciding the issue whether investigation is to be handed over to CBI or not and shall not be construed as an expression of opinion on the merits of the case. Crl. Misc. No.M-404 of 2011 (O & M) 13
Accordingly, petition succeeds and is allowed in the above terms.
(PARAMJEET SINGH)
March 04, 2013 JUDGE
parveen kumar