ORDER :

Satyen Vaidya, J.

By way of instant petition, petitioner has prayed for transfer of investigation of the case registered vide FIR No. 99/2020 dated 18.08.2020 at Police Station, Lambagaon, District Kangra, Himachal Pradesh to the Central Bureau of Investigation (for short, ‘CBI’).

VERSION OF PETITIONER:

2. Petitioner is son of late Sh. Kartar Chand, who breathed his last on 17.8.2020. On the fateful day, late Sh. Kartar Chand informed the petitioner at about 7.30 P.M. that he was invited by Sh. Manohar Lal, President, Gram Panchayat, Alampur along with Andresh Sayal alias Raju for a get together at Walia Restaurant. On the asking of his father, petitioner brought a bottle of liquor for him. Thereafter, Andresh Sayal purchased “Chicken Rahra” from the shop of petitioner and left on his scooty with late Sh. Kartar Chand on the “pillion.

3. Petitioner after 9.00 p.m. made various phone calls to Andresh Sayal to enquire about the whereabouts of his father and every time it was assured that Sh. Kartar Chand would return shortly. Petitioner went home after waiting for his father at shop expecting his father to reach home by himself.

4. On reaching home, the petitioner received a phone call from Andresh Sayal at about 10.21 p.m. and it was informed that they were sitting near a “Peepal tree” and father of petitioner would return in 10 minutes. Petitioner again made a phone call to Andresh Sayal after some time, on which, he was informed that his father had fallen down from the terrace of Police Station, Alampur and was not able to speak.

5. Petitioner thereafter rushed to the spot along with his brothers and found the main door of Police Station locked. Soon they found the body of their father lying on a road outside the Police Station without slippers which were lying aside. It was noticed by them that the hair, shirt and trouser worn by late Sh. Kartar Chand were wet and the body had cooled down. No blood was found on the body except some blood particles on the button of shirt of the deceased. Petitioner and his brothers noticed Andresh Sayal and Constable Shashi Pal hiding behind the bushes. Andresh Sayal was standing in a submissive state with folded hands and Shashi Pal was in his underwear and vest. They arranged for a taxi and took their father to the hospital where he was declared brought dead.

6. Constable Shashi Pal had also forcibly entered the taxi when it was about to leave for hospital and on the way he had tried to impress upon the petitioner and his brothers that their father had died due to fall and there was nothing in the case. They were threatened to hush up the matter. This was repeated by Constable Shashi Pal in the hospital also. The FIR was registered on 18.8.2020 on the statement of petitioner recorded under Section 154 Cr.P.C.

GRIEVANCE OF PETITIONER:

7. Feeling dis-satisfied with the investigation carried by the police, in the case, petitioner has approached this Court by way of present petition. According to petitioner, he and his brothers apprehended a serious foul play. According to him, late Sh. Kartar Chand was murdered by Andresh Sayal in conspiracy with Manohar Lal, President, Gram Panchayat, Constable Shashi Pal, Head Constable Sanjeev Kumar and Home Guard Ashok Kumar, who were present and posted in Police Station, Alampur at the time of incident. As per petitioner, the investigation conducted by the police was not fair for the reasons that the police intended to protect and save its officials. Petitioner alleged the motive of murder of his father to be inimical relations between Andresh Sayal and his father.

8. Petitioner has pleaded the following reasons for his apprehension of biasness:

(i) The factum of death of Sh. Kartar Chand was not communicated to the petitioner in time;

(ii) The body of Sh. Kartar Chand was found to have cooled down by petitioner and his brothers when they reached the spot;

(iii) Hair, shirt and trouser of Sh. Kartar Chand were wet;

(iv) There were no blood on the body of Sh. Kar