SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD . The petitioner has sought direction for transfer of the investigation in case FIR No. 341 dated 14.07.2013 registered under Sections 323, 395 and 427 IPC read with Section 25 of the Arms Act at Police Station Ratia, District Fatehabad to Central Bureau of Investigation (CBI) or any other independent agency for its fair, proper, independent and impartial investigation.

(2.) BRIEFLY stated petitioner Suresh Kumar got recorded an FIR on 14.07.2013 alleging that on the intervening night of 12.07.2013 and 13.07.2013 at about 1.30 am three persons intruded his house after scaling the wall. The CCTV cameras installed at the residence were disconnected by cutting the wire. One of the intruders was having a pistol, which he placed at the neck of Urmila -wife of petitioner, while the other two, who were having dandas, gave beating to the petitioner and asked for the keys of their residence. After causing damage inside the residence and breaking the glasses they removed the 48 inches LCD (television) and took the same in a Scorpio vehicle of white colour in which two persons were already sitting. They also snatched the purse of the petitioner containing Rs. 2,000/ - and his Nokia mobile phone having SIM card bearing No. 095547 -38797 and gave threats while leaving.

(3.) LEARNED counsel for the petitioner has argued that the police has not conducted fair investigation in this case and ignored vital evidence that has come on record during the course of investigation. The location of mobile no. 98608 -00007 was traced at the place of occurrence at that point of time and this mobile was being used by Azadvir Singh S/o. Satpal Singh. Satpal Singh had informed the police that his son had also taken the revolver and brought home one LCD (television) which was recovered by the police in this case. Despite clear evidence Azadvir Singh has not been challaned by the police. The police was also having footage of the CCTV cameras installed at the residence of the petitioner where the destruction of property caused by the intruders and the entire incident got recorded. He has argued that it is fundamental right of the complainant to have fair investigation on his complaint. As the Haryana police has not acted in a fair and impartial manner and ignored the vital evidence collected during investigation while exonerating Azadvir Singh, the matter be handed over to the CBI or any other independent investigating agency outside Haryana for fair and impartial investigation.