SATBIR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This is a petition under Section 482 Cr.P.C. filed by petitioner - Satbir for issuance of appropriate direction to official respondents No.1 to 3 to take action against respondents No.4 to 6, namely, Anil Rao, Inspector General, Special Task Force, Hisar, Haryana (respondent No.4), Jeet Singh, Incharge Special Task Force Team of I.G. Staff, Hisar, STF HSR, P.S. Ellenabad, District Sirsa (respondent No.5) and Mahender Singh, S.I., No.852, Member of I.G. Special Task Force Team, Hisar, P.S. Ellenabad, Distrct Sirsa (respondent No.6), who had allegedly murdered Mukesh Kumar, brother of the petitioner, since no action is being taken against them for the reason of such respondents No.4 to 6 being police officials and further investigation be handed over to some independent agency like CBI.

(2.) Inter alia, in the petition, it is contended that Mukesh Kumar was murdered by team of Special Task Force (for short - STF) of I.G. Staff, Haryana in the area of Police Station Ellenabad, District Sirsa in a fake police encounter; that Mukesh Kumar aged about 21 years was studying in ITI at Nohar, District Hanumangarh, Rajasthan, who was kidnapped by Haryana Police on 17.1.2016 in connection with Panchayat Election; that on coming to know about killing of Mukesh Kumar in fake police encounter, petitioner had submitted an application to SHO, Police Station Ellenabad on 18.1.2016 seeking action against accused persons but to no effect. According to the petitioner Mukesh Kumar was not involved in any criminal activity but Haryana Police concocted a story and projected him as a history-sheeter in a press note published in newspaper on 19.1.2016; that Ellenabad police registered a false FIR of the fake encounter against the deceased and six other persons i.e. FIR No.13 dated 18.1.2016 for the offences under Sections 186/332/353/307/34/427 IPC and 22 and 25 of Arms Act; that family members of the deceased approaching higher police officers and various other authorities have not yielded any desired result, as such to seek justice, the petitioner has knocked at the door of this Court.

(3.) Notice of this petition was given to respondents and State counsel has appeared on behalf of the respondents. A written reply has been filed in the form of affidavit of Sh.Satender Kumar Gupta, I.P.S. Sirsa wherein it is submitted that petitioner had made a complaint to D.G.P., Haryana, which had been marked to S.P. Sirsa, who further marked it to D.S.P., Ellenabad for enquiry and thorough probe was conducted by DSP, Ellenabad, who concluded that the allegations were false and without any substance and that report was submitted to S.P. Sirsa, who in turn forwarded it to DGP, Haryana. Further, in the reply it is submitted by the respondents that as per actual facts of the case due to Panchayat Elections, which were to be held on 17.1.2016 in the State of Haryana, the Inspector General of Police, Hisar Range, Hisar had constituted a STF team to ensure that no untoward incident took place during the elections; that respondent No.5 (Jeet Singh) and respondent No.6 (Mahender Singh, S.I.) were members of that STF team, total number being 14; that the team operated under the direct supervision and control of Inspector General of Police, Hissar Range, Hissar; that the said STF got secret information on 17.1.2016 while at village Poharka, Police Station Ellenabad that many dreaded criminals were hiding, who had been called there to create terror on the day of election and such criminals were present in the house of Kuldeep son of Surjit Singh, resident of village Khari Surera, who happened to be a cousin brother of the candidate contesting election of Sarpanch and the criminals had been hired from District Bhiwani and Rajasthan State, who were having cache of arms and ammunition besides vehicles to create a terror; that on receipt of that information STF reached outside the house of Kuldeep at about 7:00 p.m. on 17.1.2016; that the criminals were sitting on the Chabutra in front of house of Kuldeep and on seeing the police party, they panicked and started firing indiscriminately upon the police party; that the bullet hit Tavera Car (Govt.vehicle); that 6-7 persons were sitting on the Chabutra with deadly arms; that the members of STF in order to save themselves from being hit by the bullets being fired by the said criminals swung into action; that respondent No.5 fired a warning shot in the air, however, the criminals were not deterred and rather started running from the spot towards the house while firing back at the members of STF; that the members of STF also ran behind them to catch hold of five criminals outside the house, whereas two of them had succeeded in entering the house and were caught from inside the house; that SI Mahinder Singh (respondent No.6) and ASI Virender entered the house at which accused persons including deceased fired at the police personnel but since the police personnels were wearing bullet proof jackets, the bullet hit the jacket of SI Mahinder Singh, respondent No.6; that in retaliation, respondent No.6 had also fired and once the firing stopped from the other side then it came out that deceased Mukesh Kumar was lying on the floor in injured condition; that the other criminal was caught by ASI Virender Singh and brought outside the house; that respondent No.5 entered the house and found that deceased Mukesh Kumar, who was lying on the floor with pistol in his hand; that respondent No.5 instructed the police officials accompanying him to rush injured Mukesh Kumar to the nearby hospital, as such SI Mahinder Singh with ASI Surender took the injured to Civil Hospital, Ellenabad, where the doctors declared him being brought dead; that in the meanwhile respondent No.5 had taken in possession the loaded pistol which was recovered from injured at the spot; that the details of the weapons recovered have been given as follows: <FRM>JUDGEMENT_6_LAWS(P&H)11_2017_1.html</FRM>