MAHINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present petition under Section 482 Cr.P.C., has been filed by Smt. Mahinder Kaur, seeking transfer of the investigation of the case bearing FIR No. 136, dated 3.8.1999, under Section 302 IPC, registered at Police Station Sadar Kapurthala, to the CBI.

(2.) PREVIOUSLY , the petitioner had filed CWP No. 8044 of 1999, in this Court, which was disposed of by a Division Bench of this Court, vide order dated 7.8.1999. While disposing of the said writ petition, it was noticed by the Division Bench that the case had already been registered on the complaint of the petitioner and the same was being investigated by Shri Pritam Singh, DSP, Phagwara. Subsequently, the petitioner had filed Criminal Misc. No. 36798-M of 1999, in this Court. The said petition was disposed of by this Court vide order dated 25.1.2001. While disposing of the said petition, it was noticed that SP (Operation) was investigating this case. Accordingly, he was directed to complete the investigation at an early date preferably within four months. He was further directed to take such steps as required under law depending upon the result of the investigation. Now, the petitioner has filed the present petition in this Court, seeking direction that the investigation of the case be handed over to the CBI.

(3.) AS per the report submitted by Shri Surinder Singh Sidhu, SP (Operation), Jalandhar, copy Annexure R-1, the matter was thoroughly investigated. Gurdev Singh and Bakhshish Kaur were also joined in the investigation on 8.9.2000, but no material came on the record to arrest them, in this case. I have also gone through the Police file, which has been produced today before me by Rajbir Singh DSP, Phagwara, in pursuance of the directions given on the last date of hearing. A perusal of the said file shows that Gurdev Singh and Bakhshish Kaur were joined in the investigation not only on 8.9.2000, but also on 29.8.2000 by Shri Surinder Singh Sidhu, SP (Operation), Jalandhar. Various other persons were also joined in the investigation. Finally, it was reported that the untraced report may be submitted to the Court.