BACHITTER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BY this order I dispose of two Criminal Writ Petitions No. 474 of 1997 (Bachittar Singh & others v. The State of Haryana & others) and . 998 of 1997 (Maj. Gen. D.P. Singh etc v. The State of Haryana & others) as the prayer made in both the writ petitions is common. The petitioners of both the writ petitions are seeking the directions of this Court against the respondents for handing over the investigation to independent agency like C.B.I. in case FIR No. 60, dated 1.5.1997 registered under Sections 406, 420, 467, 471 and 120-B of the Indian Penal Code.

(2.) THE broad allegations of the petitioners are that they have been duped with crores of rupees by the respondents, who allegedly are influential persons and on whose beck and call the local administration i.e. U.T. Administration and U.T. police are supporting. Further the grouse of the petitioners is that on going investigation in the hands of local police is tainted, partial and the police is bent upon to help the main culprits, who had allegedly defrauded the innocent public to the crores of rupees by flouting the Co-operative Society and inviting the public at large to contribute their hard earned income on the pretext that they would allot residential plots after the Housing Board develops the land which the society has already purchased. On the contrary, the stand of the local administration is that the investigation is being done in a most impartial manner and the local police is not showing any undue favour to any party whatsoever.

(3.) SHRI Hemant Gupta, the learned counsel appearing on behalf of the petitioners submitted that although the State has prepared 46 challans against the four accused and has recovered the amount of Rs. 3,49,86,710/-, yet the Investigating Officer in all its fairness has not directed the investigation in the right perspective. Unfolding his submissions Mr. Gupta was critical in order to point out to this Court that prime accused though are residents of Chandigarh but the area of their operation was Haryana. He further submitted that the Investigating Officer has not taken into possession the complete record of this case from different departments; the bank accounts of the accused have not been seized; the connivance of the investigating agency is a writ large when the challenge has not been presented within 90 days, as a result of which the accused got bail under Section 167(2) Cr.P.C., and the most important documents i.e. the vital diaries have not been taken into possession. The counsel submitted that there were six monetary diaries and only one has been taken into possession and five have not been taken into possession intentionally so as to leave the yawning gap in the investigation. The counsel also pointed out that original sale-deeds which are relevant for proving the charges have also not been taken into possession by the Investigating Officer and all these things lead to an irresistible conclusion that the investigation of this case should be handed over to an independent agency like C.B.I.