PHOOL CHAND Vs. STATE & ORS.

JUDGEMENT

(1.) Through this writ petition under Art. 226 of the Constitute of India, Petitioner Phool Chand Garg, has prayed that investigation in the matter of murder of Prakash Chand Garg, be directed to be conducted by C.B.I. The case of the petitioner is that the present investigation in the case of F.I.R. N( 294/86 by CID police is wholly incompetent to un-reveal the facts of the case whether the deceased and Shri Subey Singh Chaudhary. Dy, Supdt. police A.C.D Shanti Swaroop Mittal, A.P P. 1st. Rajkumar Jain, Office Superintendent of the S.P. office, Sawaimadhopur and Purshottam Goyal, Advocate (Ex. P.P.) were in normal course of thing playing gamble for 10 to 15 days in a month at the residence of Shri Subey Singh Chaudhary, Dy. S P. (ACD). It is contended by the learned counsel for the petitioner that the fact that on 1st Aug., 1986, the deceased and Shri Subey Singh Choudhary and other above named persons played gamble at the residence of Shri Subey Singh Choudhary even upto 8.45 p.m. as per the version of Shri Purshottam Goyal Advocate, and Shri Anand Goyal, went to inform the petitioner at his house at about 10.00 p m. the news of the death of petitioner's younger brother deceased Prakash Chand Garg and the application of Chand Khans wife Mst, Chhoti, before the CJ.M. dated 7.8 1985 and the absconding of jeep driver Om Prakash from Sawai Madhopur for 3 to 4 weeks and his statement to Shri Teekamchand that he earned Rs. 750.00 by employing jeep for two hours on 1st Aug., 1986, are all material facts and narrations which require and justify C.B.I. enquiry into the whole matter. In the petition the petitioner has alleged against above named persons and feels that it is on account of their intervention that he apprehends that proper investigation into the matter will not be made. The incident of murder of Prakash Chand Garg appeared in the news papers. There was strike on 10.8.1986, in Sawai Madhopur It is contended that even after registration of the FIR Shri Damodar Prasad, who in fact lodged the FIR was not interrogated and called for recording the statement. It is also alleged that though the statement is alleged to have been recorded but the same is absolutely false and wholly baseless as Shri Damodar Prasad Mahajan, was never called for any interrogation. In order to prove the same an affidavit of Shri Damodar Prasad Mahajan, has been placed on record. Shri Surana, learned counsel for the petitioner has submitted that looking to gravity of the matter and the involvement of some police officers, it is desirable that the investigation should be done by some independent agency.

(2.) Learned Addl. G.A. submits that a challan has been already filed on 20th Jan., 1987 and as such the petitioner should have no grievance and in case, there is any grievance the petitioner will be at liberty to file objections before the learned Magistrate, or may file a private complaint.

(3.) I have given my thoughtful consideration to the submission made by Shri Surana, learned counsel for the petitioner and the learned Addl. Government Advocate. In the facts and circumstances of the case, I am of the opinion, that as some officers of the police are alleged to be interested in the matter and it is also alleged that the investigation so far made is superficial, and is the result of the conspiracy hatched by the said police officer to convert a case of murder into that of a casual incident, it is reasonable and proper that the investigation in this case should be done by some independent agency, it is, therefore, ordered that the State Government, will take immediate appropriate steps to direct the CBI to investigate into the matter of Prakashchand Garg's alleged murder which had taken place on 1.8.1986, at Sawai Madhopur and relates to FIR No. 294/86. The direction in this regard should be issued to the CBI within 10 days of the passing of this order. It is also directed that the Magistrate concerned, may not proceed further with the casein which challan in F.I.R. No. 294/86 has been filed by the police, till the report is received from C.B.I.