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2024 Supreme(J&K) 147

SANJEEV KUMAR
Sukhdev Singh son of Charan Singh – Appellant
Versus
State of Jammu and Kashmir th. Director General of Police J&K, Jammu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Parag Sharma, Advocate
For the Respondent:Mr. Surinder Singh, Advocate.

JUDGMENT :

Factual Matrix :

1. In an accident that took place on 20.05.2011, son of respondent No.3, namely Sarabjeet Singh, who was riding on his motorcycle, was hit by an allegedly rashly driven grey coloured Bajaj Chetak scooter. The son of respondent No.3 fell down from his motorcycle and sustained grievous injuries. The injured son of respondent No.3 remained lying on spot for half an hour and was not shifted by anybody to the hospital. Respondent No.3, on being informed about the accident by one Mandeep Singh, rushed to the spot and shifted his son to the hospital. However, he was declared brought dead.

2. With regard to the aforesaid incident, FIR No. 115/2011 came to be registered at the Police Station, Gandhi Nagar, Jammu. Apprehending that the matter shall not be investigated by the police in a fair manner due to the influence of the petitioner, respondent No.3 filed OWP No.1483/2011 before this Court seeking, inter alia, a direction to the police to hand over the investigation to the Crime Branch. This Court did not accede to the request of respondent No.3 for transfer of investigation, but instead directed the SP South Jammu to entrust the investigation to an Investigating

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