SURENDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) By means of this petition under Section 482 Cr. P.C. the petitioner seeks setting aside the order dated 10-1-2000. Annexure P-6. passed by Additional Sessions Judge (1) Bhiwani and further praying for restraining the police to initiate fresh investigation in FIR No. 324, dated 12-11-1997. Police Station Civil Lines. Bhiwani under Sections 302 and 216 read with Section 34 I.P.C. and under Sections 25 and 27 of the Arms Act, 1959.

(2.) Briefly stated the facts giving rise to the present petition are that on 12-11-1997, an information was received in Police Station Civil Lines. Bhiwani that Dr. Raman Bhandari was lying on the road in a bleeding condition and it appeared that some unknown vehicle had knocked him to death on the road leading to Jhankar Hotel at Bhiwani. The police rushed to the scene and conducted the proceedings under Section 174 of Cr.P.C. intially for offence under Section 304 I.P.C. However. subsequent to the postmortem examination when it was revealed that Dr. Raman Bhandari died of a gun shot injury and a bullet was removed form his dead body offence was changed to 302 I.P.C. on 13-11-1997. The investigation was taken up by the local police. However. Dr. Laj Bhandari, widow of Dr. Raman Bhandari being not satisfied with the progress of the investigation filed a Cr1. Writ Petition No. 193 of 1998 in this Court which was disposed of by an order dated 13-2-1998 with the following directions: Disposed of with directions to the respondents No. 2 and 3 to complete the investigation of FIR No. 324 dated 12-11-1997 within six months from the date of receipt of copy of the order as the grouse of the petitioner is that the police is sitting tight over the matter. Copy of the order be sent to Senior Superintendent of Police, Bhiwani for compliance. Subsequently the police sought extension of time from this Court by filling an affidavit on 25-11- 1998 explaining reasons for non-completion of the investigation as per directions of this Court, which was granted by this Court.

(3.) Dr. Laj Bhandari filed another Cr1. Misc. No. 2251-M of 1999 in this Court seeking investigation by an agency like C.B.I. being not satisfied with the investigation by the local police. On notice in the said petition, the Superintendent of Police, Bhiwani who was monitoring the investigation of the case and his predecessor also filed separate affidavits/replies in this Court supported by documents including the disclosure statements of the accused involved in this case besides claiming that Dr. Laj Bhandari, her relations and some members of All India Medical Association did not co-operate in the investigation despite they were issued notices. Copies of these affidavits/replies are annexed with this petition as Annexures P-i and P-2. The said petition bearing No. 2251-M of 1999 was disposed of by this Court on 14-9-1999 observing mainly inter alia that since the police has already submitted a report under Section 173 Cr.P.C. and the accused are facing trial for the murder of Dr. Raman Bhandari it was open for the Investigating Officer to initiate further investigation by complying with the provisions of Section 173(8) of Cr. P.C. Learned Judge relied mainly on the decision of the Supreme Court in State of Bihar v. TAC Sardana and observed as under: Since the matter is till at trial stage it is always open to the petitioner or the investigating agency to seek the permission of the Magistrate to further probe into the matter if there are strong unexceptionable material showing the involvement of any other person in the commission of the crime.