GURBAX SINGH BAINS Vs. SARVESH KAUSHAL AND ORS.

JUDGEMENT

(1.) In a road accident which took place on the intervening night of 27th and 28th September, 2010 between a Ford Endeavour Car bearing registration No. PCP 17 and the Truck bearing registration No. HR 58 -3264 at Liberty Chowk, Rajpura, District Patiala, two students namely, Gagandeep Singh Bains and Gaurav Verma died and the other two occupants of the car, namely, Zorawar Singh and Jaskaran Singh were injured. On the Complaint dated 28.09.2010 made by Karnail Singh, an FIR No. 219 was registered under Ss. 304A, 279, 337, 427 IPC at Police Station, Rajpura against the driver of the truck, namely, Pardeep Kumar. Petitioner (Gurbax Singh Bains) whose son Gagandeep Singh Bains died in that alleged accident, made a representation dated 17.01.2011 to the Chief Secretary and DGP, Punjab that his son has not died in the accident but has been murdered in a pre -planned manner and also made a similar representation to this Court on 21.02.2011 which was registered vide Diary No. 350 dated 23.02.2011 and after the permission of Hon'ble the Chief Justice, the same was treated as Criminal Misc. No. M -6656 of 2011.

(2.) While the matter was pending before this Court, Principal Secretary, Home, Punjab entrusted the matter to Kunwar Vijay Pratap Singh IPS, DIG(Crime) on 27.02.2011 for investigation. He submitted his inquiry report on 27.12.2011 holding that FIR No. 129 was not registered on the basis of true facts and concluded that the custodial interrogation of the concerned persons is necessary, recommended to register FIR under Sec. 302 IPC and the investigation through an independent and impartial agency. DGP, Punjab did not agree with the inquiry report dated 27.12.2011 and constituted the Ist Special Investigating Team (SIT) under the Chairmanship of B.K. Garg, I.G.(Crime) which was disbanded. The IInd SIT was constituted under the Chairmanship of Kunwar Vijay Partap Singh, IPS DIG, Crime on 18.07.2012. However, it was also disbanded. The IIIrd SIT was constituted by ADGP, Crime on 27.09.2012 under the Chairmanship of Paramjit Singh Gill, IGP, Patiala who submitted his report on 29.01.2013 about the accident and submitted Challan on 14.02.2013 to the concerned Court. The said Challan has already been set aside by the Supreme Court vide its order dated on 4.12.2014. Ultimately, the High Court decided the Criminal Misc. No. M -6656 of 2011 vide its order dated 21.02.2013 and passed the following orders: - -

(3.) Zorawar Singh and his father Gurmeet Singh filed Special Leave Petition against the order dated 21.02.2013 passed by this Court which was ultimately converted into Criminal Appeal No(s). 2530 of 2014 and was dismissed by the Supreme Court on 4.12.2014 with the following directions: - -