KIRPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) VIDE order dated 21.12.1999, the SSP, Hoshiarpur was directed to verify the investigation so far conducted in FIR No. 134 dated 20.10.1999 of P.S. Mahilpur, District Hoshiarpur, with a further direction that if he is not satisfied with the investigation, he shall entrust the same to an officer not below the rank of DSP and shall issue suitable direction for early completion of the same, preferably within 4 months from the date of receipt of copy of the said order. This order was passed without issuing notice to the State of Punjab. Now the petitioner has filed the present petition for transferring the investigation of the said case to a place outside District Hoshiarpur or to entrust the same to some independent agency or to some senior official. Reply has been filed by SSP Hoshiarpur. In the said reply, the stand taken is that matter was investigated by a Special Investigating Team, which was headed by SP (Operations). The further stand taken in the reply is that as per the said Investigating Team, Manjit Singh @ Meeta and Baljit Singh (the alleged suspects) were found innocent, after investigation. The report of SP (Operations), Hoshiarpur in this regard is dated 4.5.2000.

(2.) IN para 9 of the petition, the petitioner has named Mohinder Singh son of Shiv Singh and Daljit Singh son of Narinder Singh as witnesses to the occurrence. According to the petitioner the local police has not recorded the statements of these witnesses during the investigation of the case. In the written reply the stand taken by the SSP, Hoshiarpur is that at the time when the FIR was lodged the names of these witnesses were not mentioned. Nothing has been stated by the SSP, Hoshiarpur as to whether even after receiving the copy of the petition any effort was made by any police officer to record the statements of these witnesses to know the truth.