SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) F .I.R. No. 108 dated 5.4.1997 under Section 364/34 of the Indian Penal Code was registered by Police Station Sadar, Ludhiana, on the statement of Jasbir Singh C.I. Constable. According to his statement, he along with police officials and SPO-Kulwant Singh conducted a raid in a case against Karnail Singh, Surjit Singh and Balbir Singh who were illicit distillers, that they ran away from the site of the occurrence, that in order to apprehend them the complainant and SPO-Kulwant Singh ran after them, that SPO-Kulwant Singh acted with courage and reached near all the accused, and that these three accused caught hold of the said Kulwant Singh towards the river water with the intention to eliminate him by drowning in the river water.

(2.) THE petitioner, who is the father of the said Kulwant Singh has approached this Court with this writ petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure with a prayer to direct the Central Bureu of Investigation, to take up the investigation of the case. The petitioner claims that he along with the Sarpanch and others went to Jaswinder Singh-S.H.O., Police Post, Ladowal, that he advised the petitioner not to take any further steps, and that he was ready to pay Rs. 50,000/- as help to the family members. According to the petitioner, he and the others wanted the Station House Officer to take neceassry action in accordance with law. The contention of the petitioner is that in spite of the fact that the FIR has been registered on 5.4.1997, no further action has been taken even though the petitioner had approached the Senior Superintendent of Police, Ludhiana and D.I.G. of Police, Ludhiana Range. The petitioner contends that the detenu-Kulwant Singh is in the illegal custody of Jaswinder Singh. The petitioner contends that in these circumstances and in view of the allegations levelled against the police officer of the same police station, he does not expect fair investigation by the concerned police officials of the said police station and therefore, investigation should be entrusted to the Central Bureau of Investigation.

(3.) I have heard the counsel for both the sides.