SATYAVIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C. for issuance of directions to official respondents to register criminal case against private respondents No. 5 to 14 on account of death of five persons including four children or to hand over investigation of the case to some independent agency.

(2.) Notice of motion was issued on 3rd June, 2010 by recording contention of learned counsel for the petitioner that despite registration of FIR, investigation of the case has not been conducted fairly by the Investigating Agency and investigation be handed over to some independent agency.

(3.) Learned counsel for the petitioner submits that despite serious allegations made in the complaint against private respondent, no action was taken by the police authorities whereas instead of taking action against accused persons, the sister of the petitioner, who had lost three children, had been involved as an accused. Learned counsel further submits that the conduct of the police is not fair and impartial and fair investigation has not been conducted. No statement of Saroj Bala (sister of the petitioner) has been recorded. Respondent No.6 is a retired Sub-Inspector of Haryana Police and local police has sided with him. The DSP was in regular contact on his mobile with respondent No.6 and said DSP is closely related with accused-persons and fair investigation cannot be expected from the local police. Learned counsel for the petitioner further submits that sister of the petitioner has lost three children and there is no other help from any corner except filing this petition. Learned counsel for the petitioner also submits that statements of survivors or passerby who took out three dead bodies from the canal have not been recorded. Learned counsel for the petitioner also relies upon the judgment of Hon'ble the Apex Court in Punjab and Haryana High Court Bar Association Chandigarh v. State of Punjab and others 1994(1) R.C.R.(Criminal) 205, judgment of this Court in Smt. Khello Devi v. State of Haryana and other 2009(4) R.C.R. (Criminal) 745 and Court on its own motion v. State of Haryana 2006 Cri.L.J. 3472 in support of his contention.