INSPECTOR RAM KUMAR Vs. C.B.I.

JUDGEMENT

(1.) PETITIONERS , namely, Inspector Ram Kumar, ASI Mawasi Ram and ASI Dharam Pal, seek quashing of order dated 10.1.2001 passed by Special Judicial Magistrate (CBI), Haryana, Ambala, whereby supplementary challan submitted by the Central Bureau of Investigation (in short the CBI) in RC No. 16(S)/97-SIU.I, P.S. SPE/CBI/SIC.I, New Delhi, dated 20.7.1997 under Sections 120-B read with Sections 342, 343 and 218, Indian Penal Code, has been committed to the court of Special Judge, CBI, Ambala, and order dated 27.2.2001 passed by the Special Judge who has ordered the challan to be jointly tried along with challan submitted by the CBI against accused, UGC Abdul Hai, Constable Kamal Singh and Dharam Raj @ Sarpanch in relation to the above-mentioned FIR.

(2.) THE facts have to be focussed in brief in order to decide the controversy raised in the petition.

(3.) IN the meanwhile, Kamal Nain Arora, father of the deceased, suspecting that his son had been murdered, moved to the Government of Haryana for an enquiry. The District Magistrate, Faridabad, as per order dated 20.9.1996 directed a magisterial enquiry to be conducted by A.D.C. Faridabad to find out the cause of death of Bharat Bhushan Arora. The Inquiry Officer after conducting enquiry, came to the conclusion that Bharat Bhushan Arora died of 'Asphyxia' and after his death, his dead-body had been placed from where it was recovered. Thus, according to him, it was a case of murder and not of an accidental death. The Inquiry-Officer also found that the police could not explain the presence of Kamlesh Kumar in their custody for 15 hours without taking any action. The report was sent to the Home Secretary, Haryana, by the District Magistrate, Faridabad. While forwarding the report, he recommended to the Government to entrust investigation of the case to an agency other than the District Police. Thereafter, Kamal Nain Arora approached the Ministry of Home Affairs, Government of India, seeking an impartial enquiry. The Government of India with the consent of Government of Haryana entrusted the investigation of the case to CBI to find out the cause of death of Bharat Bhushan Arora. The CBI then registered case bearing No. RC-16S(S)/97-SIU.I dated 20.7.1997 under Section 302 IPC.