TARA SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition is filed to direct the police to register a case for the offence under Sections 364/302/201 IPC read with Section 120-B IPC and hand over the investigation to C.B.I. for causing the death of Balwinder Kaur, daughter of Tara Singh.

(2.) In the reply, the Senior Superintendent of Police Amritsar, has stated that a case has already been registered in FIR No. 48/99 dated 27.3.1999 under Sections 302/201/34 IPC at Police Station Sultanwind, District Amritsar and the accused Harbir Singh who is the husband of the deceased was also arrested and he has been sent to judicial remand. He further stated that the investigation could not be completed because of the non- cooperation on the part of the petitioner and he is not cooperating in identifying certain articles belonging to the deceased which were collected at the place of occurrence. It is further stated that another FIR was also registered against the husband of the petitioner bearing No. 36/97 and a Challan was also filed against him under Section 308/498-A, IPC.

(3.) Learned Counsel for the petitioner contended that the Police are going to file a challan in FIR No. 48/99 against Harbir Singh and according to him there are some other persons involved in the commission of offence. Depending on the result of the investigation, the police will file challan. If the petitioner is an a position to show some evidences, it is always open to him to appear before the Magistrate and to give names of others persons and adduce evidence of their involvement since the investigation has been conducted by the Police, they will file challan according to the result of their investigation.