JUDGMENT :-

Mrs. Ranjana Prakash Desai, J.

1. Leave granted.

2. In this appeal, by special leave, judgment and order dated 13/9/2010 of the Punjab and Haryana High Court dismissing Criminal Misc. No.M-2063 of 2009 filed under Section 482 of the Criminal Procedure Code (“the Code”) is challenged. In the petition before the High Court, the prayer was for issuing directions to respondents 1 to 4 for registration of FIR under Sections 302 and 201 of the Indian Penal Code (“the IPC”) against respondents 5 to 9, who were policemen attached to Police Station Bawal, District Rewari (Haryana), at the relevant time, for committing the murder of Sunil, son of the appellant in a fake encounter in the night intervening 12/10/2008 and 13/10/2008 at Rewari Road, Narnaul and for further direction to the Central Bureau of Investigation (“CBI”) to investigate the said FIR.

3. Brief facts of the case need to be stated:

According to the appellant, in the night intervening 12/10/2008 and 13/10/2008, his son - Sunil was killed in a fake encounter by the officials of Police Station Bawal, District Rewari. It is alleged that on 13/10/2008, the SHO of Police Station City Narnaul came to the appellant and asked him to accompany him to identify an injured person suspecting him to be his son at Civil Hospital, Narnaul. The appellant found his son lying dead in the mortuary and on hearing the news from SHO that his son has been killed in an encounter by a team of Bawal police headed by respondent 5, he became unconscious. The post-mortem of the deceased had already been conducted. On persuasion of SHO Sadhu Singh, the dead body of Sunil was consigned to flames. According to the appellant, he observed 13 days mourning for the death of his son. During this period, he collected copies of post-mortem report and FIR No.351 dated 13/10/2008 registered at Police Station City Narnaul. He came to know that respondents 5 to 9 had murdered his son with ulterior motive and had given shape of encounter to the murder. The encounter never took place. It is the appellant’s case that FIR No.351 and the post-mortem notes themselves prove that the story of encounter is a concocted story, rather it is a clear case of murder by respondents 5 to 9. According to the appellant, the truth will come out only if this court directs registration of FIR under Section 302 and 201 of the IPC against respondents 5 to 9 and directs its investigation by CBI.

4. The other version which also needs to be stated is disclosed from FIR No.351 dated 13/10/2008 lodged at Police Station City Narnaul by ASI Ram Sarup. It is stated in the FIR that ASI Ram Sarup of Police Station Bawal along with others was sent for the search of accused Parveen @ Sunil s/o. Rohtash, r/o. Mohalla Jamalpur, Narnaul, named in FIR No.52 dated 19/4/2008. When they were at Narnaul Bus Stand, they received a secret information at 12:15 a.m. in the midnight that the said Praveen @ Sunil, who is the most wanted criminal in the districts of Rewari and Mahindergarh will be crossing Narnaul. The officials of Bawal Police Station started checking the motor cycles passing through Narnaul. At about 12:25 a.m., a pulsor motor cycle driven by Umesh was seen approaching. Sunil was the pillion rider. Constable Gulab Singh knew Sunil personally. He identified Sunil in street light. The motor cycle rider was signaled to stop but he did not stop and, instead increased its speed and hit one constable. The constable fell down. Sunil brandished firearms with both hands. The motor cycle was turned towards Rewari Road. The police vehicle chased the motor cycle. In the chase, the police vehicle hit the motor cycle. Due to imbalance, firearm held by Sunil in his left hand fell down. The motor cycle, Sunil and his companion also fell down. Sunil stood up and fired at the police with the intention to kill them. The police managed to save themselves. Sunil took out another cartridge from his pant pocket and tried to load it in his firearm to kill the pol