HITESH BHARDWAJ Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through the instant petition under Sec. 482 Cr.P.C. seeking transfer of investigation of case FIR No.354 dtd. 30/10/2020 (Annexure P-24) under Ss. 302, 120-B IPC registered with Police Station, Civil Lines, Batala to Central Bureau of Investigation or any other independent agency outside the jurisdiction of the State of Punjab.

(2.) The petitioner is the complainant of present FIR. Earlier FIR No.121 dtd. 26/4/2013 (Annexure P-1) under Ss. 302/34 IPC was registered with Police Station, Vasant Kunj (South), Delhi, in relation to the murder of Deepak Bhardwaj, father of petitioner herein. During investigation, police authorities arrested petitioner's brother Nitesh Bhardwaj (respondent No.3). Though, he was acquitted by the trial court as the sole eye witness of the occurrence died in a road accident in Ludhiana before he could testify in the trial. The judgment of acquittal of respondent No.3 was challenged by the petitioner as well as the State by filing two separate appeals.

(3.) However, no proper and fair investigation took place pursuant to his complaint. Be that as it may, after two months, formal FIR was registered and statements of persons concerned were recorded under Sec. 160 Cr.P.C. which were contradictory in nature and created a suspicion upon the act and conduct of respondent No.3 but still no action was taken by the local police against the culprits.