AIASHA RANI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Petitioner-Aiasha Rani has filed the present petition under Section 482 Cr.P.C. for direction to the respondents to hand over the matter to any independent agency like CBI or to constitute SIT headed by some senior officer of Police Department in case FIR No.162 dated 23.03.2018 registered under Sections 148, 149, 323, 506, 452 IPC at Police Station Palamvihar, Haryana and to decide the representation submitted by the petitioner to the Deputy Commissioner of Police, Gurugram, Haryana.

(2.) Learned counsel for the petitioner submits that on the basis of allegations levelled by the petitioner, the aforesaid FIR was registered and thereafter without conducting proper investigation, challan was presented. The Investigating Agency was hand in gloves with the accused party and every effort has been made to save the accused. Learned counsel further submits that specific allegations have been levelled against accused, namely, Bhushan, who was carrying pistol and pointed towards the petitioner. He gave beatings and also snatched mobile of the petitioner/ complainant but still the FIR under the Arms Act has not been registered. During investigation, no recovery of pistol was effected from the accused persons and a weak charge-sheet has been filed just to give benefit to the accused. Learned counsel also submits that a detailed representation was made to the Deputy Commissioner of Police on 12.05.2018 but no action has been taken. Learned counsel also submits that the accused was released on bail whereas he was not entitled for bail. Learned counsel for the petitioner has also relied upon judgment rendered by Hon'ble the Apex Court in State of Punjab vs. Central Bureau of Investigation and others, 2011 9 SCC 182in support of his arguments.

(3.) Heard arguments of learned counsel for the petitioner and have also perused the documents available on the file.