KULTAR SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) INITIALLY , this petition was filed under Articles 226/227 of the Constitution of India which has now been treated as petition under Section 482 of the Code of Criminal Procedure.

(2.) IN this case, FIR No. 59 dated 5.6.2004 was got registered by the Petitioner under Section 364/34 IPC alleging therein that since morning of 3.6.2004, his brother -in -law Kulwant Singh, his sister Harjit Kaur and their two children Ramandeep Kaur and Avrinder Singh (aged about 17 years and 14 years, respectively) were missing from their residence. In the FIR, it has been stated that four pairs of chappals, one steel container and one tiffin box were found on the slopes of Nagowan bridge of Bhakra canal. Inspite of their searching by the complainant, they were not found. It has been alleged that the complainant had full doubt that his brother -in -law Kulwant Singh, his wife and two children have been kidnapped and killed by Jaspal Singh, real brother of deceased Kulwant Singh, his son Sandip Singh and one Amar Singh, residents of village Nagowan. It has been stated that the motive of the crime is that a civil dispute was going on between the aforesaid Kulwant Singh and Jaspal Singh. In that civil suit, an order of interim injunction was passed in favour of Kulwant Singh and because of the pendency of the said suit, it has been alleged that the aforesaid Jaspal Singh was having a grudge against him.

(3.) SUBSEQUENTLY on 15.9.2004, the Petitioner filed the instant petition for transfer of the aforesaid case to some independent agency alleging therein that the local police was not conducting the investigation in a fair and proper manner. Even the named accused in the FIR were not arrested. Nothing has been done. Even the bodies of two other victims have not been recovered and it is also not clear whether they are alive or dead.