SUBE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present petition was initially filed under Articles 226/227 of the Constitution of India praying for the issuance of a writ of mandamus for transferring the investigation in case FIR No.131 dated 11.6.2011 under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, registered at Police Station Sadar, Sonepat to the Central Bureau of Investigation. Further prayer was for staying the proceedings before the trial Court initiated on the basis of the final report submitted by the Police authorities under Section 173 of the Code of Criminal Procedure.

(2.) ON 18.10.2011, this Court had directed the Registry to treat the present petition under Section 482 of the Code of Criminal Procedure. Accordingly, the matter thereafter has been listed as Crl.Misc.No.M -32191 of 2011.

(3.) IT is further pleaded that after registration of the FIR, the local police recorded the statement of Shamsher Singh wherein he confessed that he had killed the son of the petitioner. It has further been alleged that the family members of Shamsher Singh (accused) approached the petitioner for compromising the matter and upon the petitioner having refused to do so, it was disclosed that in fact it were respondents 6 and 7 who had murdered the son of the petitioner. It has been asserted on behalf of the petitioner that thereafter he has been approaching the police authorities at various levels repeatedly to bring forth the involvement of respondents 6 and 7 in the crime. The Investigating Agency submitted the report (challan) on 7.7.2011 against Shamsher Singh only.