SAVITRI DEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The present petition has been filed under Section 482 Cr.P.C for a direction to the respondents to handover the investigation of case FIR No. 167 dated 02.05.2013, under Section 436 IPC, registered at Police Station Sector 10, Gurgaon, to the Central Bureau of Investigation or any other independent agency.

(2.) Counsel for the petitioner submits that FIR No. 209 dated 23.06.2011 was registered at the behest of complainant Satbir son of Rattan Singh in regard to murder of Rakesh Sarpanch by Bhoop Singh son of Raj Kumar, Parveen (since deceased) and Rakesh son of Leelu Ram and Sanjay as conspirators for offence under Sections 147, 148, 149,302, 307, 435, 427 IPC and Sections 25, 54, 59 of Arms Act (Annexure P1). Parveen alleged to be one of the assailants in regard to murder of Rakesh, Sarpanch was lynched and efforts were made to implicate the accused of FIR No. 209 dated 23.06.2011, to be the murderers of Parveen. It is further submitted that the house of the accused, namely, Rakesh of FIR No. 209 was set on fire on 23.06.2011 leading to criminal proceedings under Section 436 IPC.

(3.) According to counsel, investigation of FIR No. 209 dated 23.06.2011 with regard to murder of Rakesh Sarpanch, criminal investigation with regard to lynching of Parveen and investigation of offence under section 436 IPC was entrusted to ADGP Mohinder Pal, but under the control of Shri K.P.Singh, IPS, Additional Director of Police, Haryana. It is further argued that report under Section 173 Cr.P.C with regard to FIR No. 209 dated 23.06.2011 has already been submitted in the Court and the case is pending trial. However, the investigation with regard to murder of Parveen as well as setting the house of Rakesh on fire is still pending, being conducted by the aforesaid officer. Counsel submits that house of Rakesh accused of FIR No. 209 dated 23.06.2011 has again been set on fire, which has led to registration of the present FIR No. 167 dated 02.05.2013 for offence under Section 436 IPC. It is further argued that the investigation is being conducted by the local police and during investigation, statement of one of the daughters-inlaw of Savitri Devi (mother of aforesaid Rakesh), who has waged legal war against her in-laws family, has been recorded in order to give benefit to the persons named to be the culprits in this case. It is submitted that ends of justice would be better served, in case the investigation of the present case is handed over to Shri Mohinder Pal, ADGP, Haryana, who is already seized of the investigation of the earlier cases.