RAMESH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing of the order dated 31.10.2012 (Annexure P-1) passed by the Additional Sessions Judge to the extent that certain observations/strictures passed against the petitioner, while disposing of bail application filed by one of the accused persons be set aside.

(2.) Brief facts of the case are that the petitioner, at the given time, was posted as Inspector, State Crime Branch, Madhuban, District Karnal. An FIR No.165 dated 21.02.2012 under Sections 147, 148, 323, 324, 506 of the Indian Penal Code ('IPC' for short) was registered on the complaint of one Wahid son of Ibrahim against accused persons namely Khalil, Sokat, Denu, Liyakat, Gani and Imrat etc. Later on, a cross FIR No.166 dated 23.05.2012 under Sections 147, 148, 341, 323, 324, 341, 356, 285, 307, 506 IPC was also registered at Police Station Hathin, District Palwal on the basis of statement of Khaleel Ajad against 17 accused persons. During the investigation of that FIR No.166, the Director General of Police, Crime (H), Panchkula passed an order dated 02.08.2012 vide (Annexure P-8), assigning the investigation of this FIR to the petitioner with immediate effect. The petitioner was further directed to collect the police file, visit the scene of crime and investigate the case by holding day to day proceedings and it was further directed that scrutiny report and further plan of action be submitted to the office of Sr. Superintendent of Police, State Crime Branch (H), Madhuban within 07 days. The petitioner, in pursuance to the said order, when contacted the Investigating Officer of Police Station Hathin, he was informed that since the period prescribed for presentation of challan was going to expire, report under Section 173 Cr.P.C. was submitted before the Court vide (Annexure P-10) on 09.08.2012. In this report, it was mentioned that the investigation was done by Balwan Singh ASP and an order has been passed for investigation of the case by State Crime Branch.

(3.) The petitioner, in pursuance to a Standing Order dated 07.07.2010 (Annexure P-14) issued by DGP, Haryana directing that Investigating Officer should get an opinion from a Govt. Hospital, where an injured person/complainant is getting treatment from a private hospital in order to get the opinion of the Govt. Hospital qua the injured Khalil Ajad in FIR No.166, who was receiving the treatment in a private hospital, moved an application dated 31.08.2012 (Annexure P-11) to Medial Officer, Metro Hospital Institute, Sector-16, Faridabad and demanded certain documents. The petitioner obtained the opinion from the said hospital vide Annexures P-12 and P-13 and thereafter, in pursuance to the aforesaid Standing Order dated 07.07.2010, applied to Medial Superintendent, PGIMS, Rohtak for giving an opinion regarding the injured Khalil Ajad and requested that a Medical Board be constituted and reexamination of said Khalil Ajad be got conducted on priority basis. In pursuance thereof, Director, PGIMS, Rohtak vide letter dated 27.09.2012 (Annexure P-16) send the re-examination report of Khalil Ajad to SSP, State Crime Branch, Madhuban, District Karnal. As per this report, which is attached as Annexure P-16, it was opined by the Medical Board that "Based on general physical, clinical & radiological findings, we are of opinion that injuries No.1 & 6 are grievous in nature."