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CHARANJIT KAUR versus STATE OF PUNJAB & ORS.

High Court of Punjab and Haryana, Chandigarh

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Charanjit Kaur v. State of Punjab & Ors. - CRM-23635-M-2006 [2007] RD-P&H 882 (25 January 2007)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Crl.Misc. No.23635-M of 2006

Date of Decision:- 25.1.2007

Charanjit Kaur ....Petitioner(s)

through

Ms.Dhriti J.Sharma, Advocate

vs.

State of Punjab & ors. ....Respondent(s) through

Mr.Narender Kapoor, AAG, Punjab.

Mr.Anant Kataria, Advocate for

Mr.Yogesh Goel, Advocate for

respondent No.17.

***

CORAM:-HON'BLE MR.JUSTICE SURYA KANT.
***

SURYA KANT, J.

In this petition under Section 482 Cr.P.C., the petitioner seeks a direction for investigation of F.I.R.No.2 dated 3.1.2006 under Section 304 IPC read with Sections 3 and 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 by an independent agency.

The petitioner is the unfortunate mother of deceased Rajinderjit Singh @ Pappi aged about 39 years, who, as per the allegations, was taken into illegal custody by the police of Sundernagar Police Station and having been given merciless beatings and torture, allegedly died in police custody.

In response to the notice of motion, reply/affidavit by Dinesh Partap Singh, I.P.S, S.P.City-II, Ludhiana, has been filed on behalf of respondents No.1 to 3. It is averred in the affidavit that investigation in the above-mentioned case was being conducted by S.Kuldeep Singh, P.P.S., the then S.P.City-II, Ludhiana and after his transfer, the deponent-police officer has conducted the investigation.

The petitioner, however, apprehends that the ongoing investigation is neither fair nor impartial for the reason that the alleged guilty persons are none-else than some police officers/officials of the police of District Ludhiana only.

It is also alleged that the F.I.R. in which none has been named as an accused person, was also written by one of the accused police officers only.

In a case alleging commission of heinous offence like custodial death, the Investigating Agency is obligated to conduct itself in such a manner that not only should it inspire public confidence but also the family members of the victim. Only an impartial, fair, above-board and dispassionate investigation can yield effective results and reach a logical conclusion.

Though there is nothing on record to infer that the Investigating Officer, who is a young IPS Officer, has even attempted to favour the accused persons, however, notwithstanding the sincere and committed efforts made by him, the petitioner still bears a grudge against the Investigating Agency as if a direct or indirect attempt to favour the police officers of District Ludhiana who are allegedly involved in the custodial death of her son, has been made.

In order to wipe out this kind of apprehension from the petitioner's mind and to inspire full confidence in the investigating agency but without causing aspersion on anyone, it appears desirable and expedient that the investigation should be carried out by an agency other than the District Police of Ludhiana.

Consequently, this petition is disposed of with a direction that the investigation of F.I.R.No.2 dated 3.1.2006 under Sections 304 IPC and 3 & 4 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act,. 1989 registered at Police Station, Basti Jodhewal, Ludhiana be handed over to the Crime Branch of Punjab Police forthwith. The Additional Director General of Police (Crime), Punjab is directed to entrust the investigation to an officer of the Crime Branch, not below the rank of Dy.S.P. The investigation shall be carried out expeditiously and as early as possible and preferably within a period of three months.

January 25, 2007 ( SURYA KANT )

poonam JUDGE


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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