OM PRAKASH CHUGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Leave granted.

(2.) An incident happened on 2nd July, 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.) In the meanwhile appellant filed a petition under Section 482 of the Code before the High Court of Punjab and Haryana at Chandigarh for issuing necessary directions to the Chief Judicial Magistrate and also for directing the C.B.I. to take up investigation in the cases involving F.I.R. No. 452 of 1997 and also the complaint which he filed before the C.B.I. The High Court disposed of the said original petition by order dated 3-4-1998 upholding that there is no necessity of entrusting the investigation to the C.B.I. or any other agency.