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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Akash Rana – Appellant
Versus
State of Punjab and others - Respondents
CRM-M-15570-2020 (O&M), CRM-M-33536-2020 (O&M)
Decided on : 11-10-2021
Investigation - Transfer - FIR No.198 - Sections 302, 452, 148, 149, 427 IPC, Sections 25 and 27 of the Arms Act - The court directed the transfer of investigation back to District Hoshiarpur and constituted a Special Investigation Team (SIT) for the accused. The accused sought a transfer of investigation to the Central Bureau of Investigation (CBI) for a fair investigation. The court found the SIT report indicting the accused to be credible and dismissed the petition for CBI investigation.
Fact of the Case:
The FIR was lodged by the complainant against seven accused, alleging a violent attack resulting in the death of the complainant's brother. The accused Darshan Lal and Mahinder Pal were not arrested, and the complainant alleged police favoritism due to their relation to a Deputy Superintendent of Police.
Finding of the Court:
The Special Investigation Team (SIT) report found Darshan Lal and Mahinder Pal to have participated in the offenses and recommended their arrest. The court dismissed the accused's petition for CBI investigation and disposed of the complainant's petition as the SIT had already submitted its report.
Issues: Transfer of investigation, Allegations of police favoritism, Credibility of SIT report, Need for CBI investigation
Ratio Decidendi: The court relied on the SIT report, witness statements, and the absence of evidence to show bias, concluding that there was no ground to hand over the investigation to the CBI. The court directed the arrest of the accused and expeditious recording of witness statements.
Final Decision: The petition for CBI investigation was dismissed, and the complainant's petition was disposed of as the SIT had already submitted its report. The court directed the arrest of the accused and expeditious recording of witness statements.
JUDGMENT :
GURVINDER SINGH GILL, J.
1. This order shall dispose off the below mentioned two petitions as both the said petitions arise out of the same FIR and the prayer made in both the said petitions is as regards investigation in the matter :-
(i) CRM-M-15570-2020 – Akash Rana Vs. State of Punjab and others :
(ii) CRM-M-33536-2020 – Darshan Lal @ Darshi Vs. State of Punjab and another : The said petition has been filed by one of the accused namely Darshan Lal @ Darshi (hereinafter referred to as ‘the accused/petitioner’) seeking issuance of a direction for transferring the investigation of the FIR in question from the State of Punjab to Central Bureau of Investigation.
2. A few facts necessary to notice for disposal of the aforesaid two petitions are that the FIR in question was lodged at the instance of the complainant/petitioner Akash Rana against seven accused including accused/petitioner Darshan Lal wherein it is alleged that on the day of occurrence i.e. on 12.12.2019 at about 3 p.m. when he alongwith his brother Davinder Pratap Singh @ Banti were present at home, then Darshan Lal @ Darshi armed with a ‘pistol’, his brother Mahinder Pal armed with a ‘pistol’, Ajay Kumar armed with a ‘gandasa’, Lucky armed with a ‘gandasa’, Ashok Kumar @ Shoky Panch, Gholu and Mattu who were armed with ‘swords’ alongwith 8-9 unknown persons who were also carrying ‘gandasas’ and ‘kirpans’ entered into their house. It is alleged that Darshan Lal and Mahinder Pal fired two shots with pistols. Darshan Lal raised a lalkara stating that they would teach them a lesson for raising a dispute with them and that they would be eliminated. The complainant and his brother ran inside and bolted the door from inside but the assailants broke open the door. After coming inside, Ajay Kumar hit the complainant’s brother Davinder Partap Singh on his face with a ‘gandasi’. Lucky also caused an injury with a ‘gandasi’ on the neck of Davinder Partap Singh, upon which the complainant’s brother fell down. The assailants dragged Davinder Partap Singh from inside the room where Ashok Kumar gave a blow with ‘kirpan’ on the left ear of Davinder Partap Singh. Mattu is stated to have given a blow with ‘kirpan’ on the face of Davinder Partap Singh. Darshan @ Darshi took ‘gandasa’ from Lucky and gave blow with the same on the head and arms of Davinder Partap Singh. On account of the said injuries, blood started oozing out from body of complainant’s brother Davinder Partap Singh. When the complainant raised alarm, his uncle’s son Balram Singh was attracted to the spot who also raised alarm which attracted the families residing in the neighbourhood. The accused smashed the windows of their house and also the almirahs and the cars which were parked outside and fled away while issuing threats. The injured Davinder Partap Singh who was in an unconscious state was taken to civil hospital where he was declared dead.
3. The matter was investigated by the police and a challan was presented against six of the accused while two of the accused namely Darshan Lal @ Darshi and Mahinder Pal sons of Sant Ram were kept in column No. 2 on the ground that the said persons are yet to be arrested. The said accused Darshan Lal @ Darshi and Mahinder Pal are arrayed as respondents No. 7 and 8 in CRM-M-15570-2020 (Akash Rana Vs. State of Punjab).
4. The complainant/petitioner Akash Rana in his petition has asserted that the accused Darshan Lal and Mahinder Pal are real brothers of Surinder Chand, Deputy Superintendent of Police, Phagwara, District Kapurthala and on account of which the police is all out to extend
The court relied on the credibility of the SIT report and witness statements to dismiss the petition for CBI investigation, emphasizing the need for a fair investigation and the absence of evidence o....
The need for thorough and expeditious investigations, considering the interconnected nature of the cases.
Crime investigation – Question of transferring investigation to CBI arises only if overwhelming reasons are made out – It cannot be done by mere asking.
The main legal point established in the judgment is the need for a fair and thorough investigation to ensure substantial justice and address the allegations of false implication, as highlighted in th....
The court has the power to transfer an investigation from one investigating agency to another to ensure a thorough investigation and bring the perpetrators to justice.
The necessity for a C.B.I. investigation arises in cases where police personnel are accused, ensuring fairness and public confidence in the judicial process.
The central legal point established in the judgment is the right to fair investigation as a constitutional right, and the influence of doubt cast on the prosecution's case by the Director General of ....
It is trite law that Article 21 embraces both the life and liberty of the accused as well as the interest of the victim, his or her near and dear ones, as well as of the community at large.
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