RAJWATI Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for issuance of directions for handing over the investigation in case FIR No. 59 dated 08.02.2003 under Sections 302/34 of Indian Penal Code and Sections 25/54/59 of Arms Act, Police Station Sector -7, Faridabad through Central Bureau of Investigation or any other independent agency for carving out the truth of the whole matter.

(2.) In pursuance to the order dated 12.01.2010 passed by this Court, status report of Badan Singh, HPS, Assistant Commissioner of Police, City Ballabgarh, Faridabad was submitted wherein it is stated that the matter was investigated and after completion of the investigation, cancellation report under Section 173(2) of the Code of Criminal Procedure was prepared on 15.04.2004 which was submitted in the court. However, the petitioner challenged the aforesaid cancellation report before this Court vide CRM M 53924 of 2007 which was dismissed as withdrawn on 13.12.2007 by observing as under: Counsel for the petitioner contends that the petitioner will avail of an alternative remedy before the Court concerned by filing a protest petition against the cancellation/untraced report and that he does not want to pursue the present petition and the same may be allowed to be withdrawn.

(3.) The petitioner in pursuance to the same, also filed a protest petition before the Illaqa Magistrate. Accordingly, fresh investigation was ordered by the trial court. Another status report was filed on 05.05.2010 before this Court stating therein that no incriminating evidence has come on record against the alleged persons, namely, Ranbir and Rajbir who were joined in the investigation. However, effort was being made to trap the real culprits. It was also stated before this Court, on instructions from ASI Hari Singh, that the final report under Section 173 Cr. P.C. in pursuance to the fresh investigation shall be submitted in the near future.