LAWS(P&H)-2013-3-608

AKWINDER KAUR Vs. STATE OF PUNJAB AND OTHERS

Decided On March 18, 2013
AKWINDER KAUR Appellant
V/S
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

(1.) Akwinder Kaur has filed this petition under Section 482 of the Code of Criminal Procedure (in short Cr.P.C.) for handing over investigation of FIR No.28 dated 17.04.2012, under Sections 302, 341 and 376(g) read with Section 34 of the Indian Penal Code (in short IPC), registered at Police Station Tarsikka, District Amritsar (Annexure P-1) to an independent agency like Central Bureau of Investigation (in short CBI).

(2.) Manpreet Singh brother of the petitioner was murdered and prosecutrix, who is sister's daughter of the petitioner, was allegedly raped. The occurrence took place on the night between 16/17.04.2012. FIR was registered on the statement of the prosecutrix against unknown persons inter alia alleging that some unknown persons intercepted the prosecutrix, her maternal uncle Manpreet Singh and one Bir Amrinder Singh, while they were going in a pick-up vehicle. Injuries were caused to Manpreet Singh and Bir Amrinder Singh, whereas the prosecutrix was forcibly taken away by the culprits, who committed rape on her and then left her near Batala. Manpreet Singh succumbed to his injuries.

(3.) The petitioner made representation on 18.04.2012 (Annexure P-2) naming Sunny (allegedly being alias name of Bir Amrinder Singh), Jasmer Khera and 2-3 unnamed persons responsible for the occurrence. The petitioner's grievance in the instant petition is that the persons named by her in the representation dated 18.04.2012 have been let off by the police and some other persons have been implicated falsely.