OM PRAKASH CHUGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) LEAVE granted.

(2.) AN incident happened on July 2, 1997 about which there appears to be two rival versions. One version had come in the form of F.I.R. No. 452 of 1997, Police Station -City Sonepat (Haryana). We are told that investigation in that case is continuing. Appellant is the father of one Vinod who died in the incident which happened on 2.7.1997. Appellant filed a complaint before the Chief Judicial Magistrate, Sonepat on 10.7.1997 alleging that his son was shot dead by the persons shown as accused therein. After narrating his own version of the incident, appellant made a prayer at the final end that action under Section 156 (3) of the Code of Criminal Procedure Code (hereinafter referred to as 'the Code') may be resorted to. Additionally, he prayed that investigation may be entrusted to the Central Bureau of Investigation (C.B.I.) or any other investigating agency which is totally independent of the local police. An order was passed by the Chief Judicial Magistrate on 18.3.1998 directing the C.B.I. to conduct investigation into allegations set out in the said complaint.

(3.) THEREAFTER , a Revision filed before the Sessions Court, Sonepat in challenge of the order passed by the Magistrate dated 18.3.1998. The Session Judge disposed of Revision by setting aside the above mentioned order of the Chief Judicial Magistrate. These appeals are in challenge of the judgment of the High Court mentioned above and the order passed by the Session Court dated 2.5.1998.