SUBHASH CHANDER Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Crl. Misc. Petition No. 20429-M of 2000 was filed by Subhash Chander under Section 482 Cr.P.C. for handing over the investigation in case F.I.R. No. 49 dated 6.7.1999 under Sections 365/342/452/504/323/148/149 I.P.C., of Police Station Fazilka to the Central Bureau of Investigation or some independent agency in view of the peculiar facts and circumstances of the case. Another Crl. Misc. Application No. 23528 of 2000 in Cr1. Misc. No. 36398 M of 1999 was filed by the State of Punjab for extension of time for completion of investigation in the above mentioned F.I.R. The State of Punjab filed still another Crl. Misc. Application No. 26226 in Cr1. Misc. No. 19417 of 2000 for modification/clarification of the order dated 14.6.2000 passed by this Court.

(2.) By this order, I propose to dispose of the abovesaid main petition as well as both the miscellaneous applications.

(3.) Briefly stated, the facts, as disclosed by Subhash Chander, petitioner, in Cr1. Misc. No. 20429-M of 2000 are that when he was sleeping in his house at Fazilka in the early morning of 5.4.1998, Sh. Raj Singh, the then SHO of Police Station City Jalalabad, District Ferozepur, Sh. Lal Chand, the then ASI of Police Station City Jalalabad along with 5-6 police officials trespassed into his house and gave him severe beating. Thereafter, they forcibly took him out where 10-12 more police officials were present and put him in a Canter in the presence of his mother, Bimal Rani, Joginder Singh Son of Amar Singh, Gurbaksh Singh son of Fuman Singh and Ashwani Kumar son of Hans Raj and carried him to Jalalabad City. However, his mother, along with other witnesses, approached S.H.O., Police Station City Fazilka, D.S.P., Fazilka and D.S.P., Jalalabad and informed them about the said incident. On their intervention, Subhash Chander was let off at about 3/4 P.M. from Police Station City Jalalabad. Kewal Krishan, brother of Subhash Chander, petitioner, informed S.S.P., Ferozepurand other police officials about this incident on 6.4.1998 and the enquiry about the said incident was conducted by S.P. (D), Ferozepur. He, after conducting preliminary enquiry on 31.8.1998, found the above happening to be correct and sent his report to D.I.G., Ferozepur. However, the police did not record First Information Report about this incident and accordingly the petitioner filed Crl. Misc. No. 16075-M of 1999, Annexure P-2, in the High Court. Hon'ble Mr. Justice T.H.B. Chalapathi (as his Lordship then was) passed the following order on July 12, 1999 :