ASHISH GUPTA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Through this petition under Sec. 482 Crimial P.C., the petitioners have prayed for issuance of direction for transfer of investigation in case FIR No. 87 dated 15.05.2014 (Annexure P-1), registered under Sections 302 and 324 Penal Code at Police Station City Jagraon, District Ludhiana Rural, to an Independent Probing Agency like Central Bureau of Investigation (CBI) or Crime Branch Agency.

(2.) Briefly stated, around 10.45 P.M. on 14.05.2014, the parents of petitioner No. 2-Neelu Gupta, namely; Suresh Goel and Shimla Devi, aged around 75 years were attacked and brutally murdered in their house by some unknown persons. Even the assailants have also assaulted the granddaughter of the deceased, namely, Shagun Gupta. Consequently, the aforesaid FIR Annexure P-1 was registered. However, when the police could not solve the case, the petitioners have filed the instant petition for transferring the investigation to an Independent Probing Agency like CBI or Crime Branch Agency, on 16.03.2015. Since then, more than 2 years and 5 months have elapsed, but the stand of the police of the State of Punjab is that till date despite their best efforts, the police could not solve case and still they are on the job. The above stand of the police does not seems to be genuine as it seems that serious efforts are not being made by the Punjab Police to trace out the assailants/murderers of above persons.

(3.) Considering the overall facts and circumstances of the case and in my considered view, it is a fit case to invoke the jurisdiction under Art. 226 of the Constitution of India read with Sec. 482 Crimial P.C., to hand over the investigation in case FIR No. 87 dated 15.05.2014 (Annexure P-1), registered under Sections 302 and 324 Penal Code at Police Station City Jagraon, District Ludhiana Rural, to Central Bureau of Investigation, Chandigarh Zone.