ANGREZ SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) ANGREZ Singh son of Matalli Ram, resident of village Dargah Shah, District Ropar, Punjab, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.P.C.'), for transfer of the investigation in FIR No. 80, dated 06.07.2012, under Sections 364, 302 of the Indian Penal Code, 1860, registered at Police Station Sadar Rupnagar, District Rupnagar, to some independent agency like C.B.I.

(2.) THE FIR was registered on the written complaint filed by Angrez Singh, present petitioner addressed to the senior police officials for taking action against accused Bitu Ram son of Sucha Ram, resident of village Makodi Khurd, District Ropar and Rajwinder son of unknown, resident of Lohar Majara, working as driver/servant with said Bitu Ram and three unknown persons, from village Makodi Khurd, who can be identified by Kashmiro Devi wife of Mewa Ram for kidnapping and murder of his daughter Anita Devi wife of Balwinder Singh. It was stated that Anita Devi, daughter of the complainant -petitioner was married with Balwinder Singh. His another daughter Asha Devi @ Komal was also married in the same village Makodi Khurd with one Jaspal Singh. It is alleged that after the marriage, Anita Devi was being teased and followed by accused Bitu Ram and Rajwinder. Anita Devi had disclosed this fact to her father (complainant) but he avoided confrontation and advised his daughter Anita Devi to avoid any type of contact with the accused. Even thereafter, accused did not desist and kept on following her and even visited the house of the complainant -petitioner in his absence and in the presence of his third handicapped daughter Ramesh Devi and harassed Anita Devi when she came to meet him (complainant ).

(3.) IN the police proceedings, it is recorded that the complaint dated 04.03.2012 was received in Police Station for inquiry. It was marked to In -charge Police Post Ghanoli. It was found that on 10.12.2011, the dead body of Anita Devi was found floating in the Bhakhra canal near Balsanda. The statement of complainant -petitioner Angrez Singh, father of deceased Anita Devi was recorded and proceedings under Section 174 Cr.P.C. were initiated. The report of chemical examiner was received stating that Anita Devi died due to drowning. It was stated that there was no eye witness, who saw the incident. Both the accused were found innocent. It was further recorded that complainant -petitioner Angrez Singh had filed a CRM -M No. 12508 of 2012 in the Hon'ble Punjab and Haryana High Court, Chandigarh, and the same was disposed of on 11.05.2012. The inquiry was conducted but no solid evidence could be found regarding the death of Anita Devi. However, after obtaining the opinion of D.A.(legal), the present case was registered.