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PUNJAB & HARYANA HIGH COURT
Surinder Gupta, J.
Suresh Kumar - Appellant
Versus
State of Haryana and Others - Respondent
Crl. Misc. No. M 34036 of 2013
Decided On : 08-01-2014
Fair Investigation - Transfer of Investigation - The court dismissed the petition seeking transfer of investigation to CBI or any other independent agency, stating that the evidence collected by the police was already on file and the petitioner could resort to remedies available under the law to proceed against the accused.
Fact of the Case:
The petitioner sought transfer of investigation in a case involving alleged dacoity and intrusion into his house, claiming that the police had not conducted a fair investigation and ignored vital evidence.
Finding of the Court:
The court found that the police had presented the challan against the accused and the trial was ongoing. It concluded that no case was made out for entrusting the investigation to CBI or any other agency, as the evidence referred to by the petitioner was already on file and remedies were available under the law.
Issues: The main issue was whether the investigation should be transferred to CBI or any other independent agency due to alleged unfair investigation and ignored vital evidence by the police.
Ratio Decidendi: The court's decision was based on the fact that the evidence referred to by the petitioner was already on file and the trial was ongoing, therefore no case was made out for transferring the investigation to CBI or any other agency.
Final Decision: The petition seeking transfer of investigation was dismissed by the court.
Heard. The petitioner has sought direction for transfer of the investigation in case FIR No. 341 dated 14.07.2013 registered under Sections 323, 395 and 427 IPC read with Section 25 of the Arms Act at Police Station Ratia, District Fatehabad to Central Bureau of Investigation (CBI) or any other independent agency for its fair, proper, independent and impartial investigation.
2. Briefly stated petitioner Suresh Kumar got recorded an FIR on 14.07.2013 alleging that on the intervening night of 12.07.2013 and 13.07.2013 at about 1.30 am three persons intruded his house after scaling the wall. The CCTV cameras installed at the residence were disconnected by cutting the wire. One of the intruders was having a pistol, which he placed at the neck of Urmila-wife of petitioner, while the other two, who were having dandas, gave beating to the petitioner and asked for the keys of their residence. After causing damage inside the residence and breaking the glasses they removed the 48 inches LCD (television) and took the same in a Scorpio vehicle of white colour in which two persons were already sitting. They also snatched the purse of the petitioner containing ` 2,000/- and his Nokia mobile phone having SIM card bearing No. 095547-38797 and gave threats while leaving.
3. During investigation the police found the version of dacoity by unknown persons as false and presented the challan against accused Gurmeet Singh, Sukhdev Singh and Mandeep Singh for offence under Sections 452, 380/34 IPC. No illicit weapon was found in possession of the accused. Mandeep Singh accused was found possessing only a toy pistol. Thus version of the petitioner that money was looted from him was also not found to be correct.
4. Learned counsel for the petitioner has argued that the police has not conducted fair investigation in this case and ignored vital evidence that has come on record during the course of investigation. The location of mobile no. 98608-00007 was traced at the place of occurrence at that point of time and this mobile was being used by Azadvir Singh S/o. Satpal Singh. Satpal Singh had informed the police that his son had also taken the revolver and brought home one LCD (television) which was recovered by the police in this case. Despite clear evidence Azadvir Singh has not been challaned by the police. The police was also having footage of the CCTV cameras installed at the residence of the petitioner where the destruction of property caused by the intruders and the entire incident got recorded. He has argued that it is fundamental right of the complainant to have fair investigation on his complaint. As the Haryana police has not acted in a fair and impartial manner and ignored the vital evidence collected during investigation while exonerating Azadvir Singh, the matter be handed over to the CBI or any other independent investigating agency outside Haryana for fair and impartial investigation.
5. Learned State counsel has argued that the police, after thorough investigation, has presented the challan in the Court against three accused, who have intruded the house of the petitioner and taken away the LCD television from his house. Azadvir Singh was found innocent and has not been challaned. During investigation and verification, it transpired that there had been civil litigation between Kuldeep Singh and Balwinder Singh who are closely related. Azadvir Singh is related to Balwinder Singh. Both Kuldeep Singh and Balwinder Singh are settled abroad. In a marriage of their relative on 08.02.2013 a scuffle ensued between Kuldeep Singh and Balwinder Singh and Kuldeep Singh had given slap to Azadvir Singh. Gurmeet Singh accused have taken the behaviour of Kuldeep Singh as offending and due to this reason they along with Mandeep Singh committed the crime.
6. The police after investigation has presented the challan. The entire evidence, as alleged by the petitioner, is on file which has been collected by the police. The fact that one Azadvir Sin
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