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2000 DIGILAW 827 (PNJ)

Om Parkash Sharma v. State of Haryana

2000-07-31

V.M.JAIN

body2000
JUDGMENT V.M. Jain, J. - This is a petition under Section 482 Criminal Procedure Code filed by the petitioner for directions to the official respondents to register an FIR for the murder of Sanjiv Kumar @ Sanjay Kumar (son of the petitioner) under Sections 364/302/149 Indian Penal Code and for issuing direction for conducting an impartial enquiry into the abduction and murder of Sanjiv Kumar @ Sanjay, deceased. 2. In the petition it was alleged that on 24.12.1996 a case bearing FIR No. 1236 under Sections 302/148/149 Indian Penal Code was registered in P.S. City Karnal, on the statement of Sanjay Kumar (deceased), against various persons named in para two of the petition, in respect of murder of one Sanjiv Kumar s/o Mohkam Singh. It was alleged that in the said murder case said Sanjay Kumar (son of Om Parkash Sharma, petitioner) was an eye witness and the said case was pending in the Court of Sessions Judge, Karnal, for prosecution evidence for 22.9.1998. It was alleged that pressure was put on Sanjay Kumar (deceased son of Om Prakash Sharma) to resile from his statement in the said murder case but he had refused. Details were given with regard to the threats and inducements offered to him in this regard. It was further alleged that on 13.8.1998 Sanjiv Kumar was abducted by Vajinder Kumar and Pawan Kumar accused from the shop of Somi Ram at about 1.00 p.m. and that on the next morning, on 14.8.1998 at 8.30 a.m. accused Vajinder Kumar told Satpal that the dead body of Sanjiv Kumar was lying in the Maruti car and thereupon the dead body was removed to the hospital where the post mortem was conducted. The police recorded the statement but inspite of that no FIR was registered. 3. Notice in the said petition was given to Advocate General, Haryana and others. During the pendency of the said petition, FIR No. 610 dated 3.9.1998 under Sections 364/302 Indian Penal Code was registered in P.S. Sadar Karnal. The main petition was pending, when the petitioner filed the application bearing Crl.M. No. 34934 of 1999 under Section 482 Criminal Procedure Code for handing over the investigation of the said case the CBI. During the pendency of the said petition, FIR No. 610 dated 3.9.1998 under Sections 364/302 Indian Penal Code was registered in P.S. Sadar Karnal. The main petition was pending, when the petitioner filed the application bearing Crl.M. No. 34934 of 1999 under Section 482 Criminal Procedure Code for handing over the investigation of the said case the CBI. In the said application it was alleged that the local police was not investigating the case properly and that it was a fit case where the investigation should be handed over to the CBI. 4. In reply to the main petition, it was alleged by DSP Sant Lal on behalf of respondents 1 to 3 that as per the report of the Chemical Examiner, the death of Sanjay Kumar due to alcohol and opium could not be ruled out. It was further alleged that the FIR in this case was registered on 3.9.1998 and on the same day the case was handed over to Inspector Ramesh Kumar of CIA Staff, Karnal. It was further alleged that since the allegations were levelled against local police, the Superintendent of Police had sent a D.O. letter to D.G.P. Haryana for handing over the investigation to CID Crime Branch. It was further alleged in the said written reply that as per the investigation carried out by the Inspector, CIA Staff, which was verified by DSP Sant Lal, there was no nexus between the previous occurrence of murder in which Sanjiv Kumar was witness and the death of Sanjiv Kumar. 5. Notice in the miscellaneous application was given to the other side. No reply has been filed. However, the learned counsel appearing for the State has placed on record letters, one sent by DGP, Haryana to the Financial Commissioner and Secretary to Govt. of Haryana, Home Department and Secretary to Govt. of Haryana, Home Department and the other from Financial Commissioner and Secretary to Govt. of Haryana, Home Department to DGP Haryana. As per the first letter, the DGP Haryana had enquired from the Financial Commissioner and Secretary to Govt. of Haryana, Home Department, about the factual position of the case regarding the decision taken by the Government for the transfer of the case to CBI, so that S.P. Karnal may be informed accordingly, as the matter was pending in this Court. As per the first letter, the DGP Haryana had enquired from the Financial Commissioner and Secretary to Govt. of Haryana, Home Department, about the factual position of the case regarding the decision taken by the Government for the transfer of the case to CBI, so that S.P. Karnal may be informed accordingly, as the matter was pending in this Court. In reply, the Financial Commissioner and Secretary to Government of Haryana, Home Department intimated the DGP, Haryana, Chandigarh, vide letter dated 17.12.1999, that the government had decided that since the case was investigated by CID/CIA Karnal, no useful purpose would be served by handing over the investigation of this case to CBI. 6. I have heard the learned counsel for the parties and have perused the record. 7. As per the allegations made in the petition, there is a nexus between previous murder case in which Sanjiv Kumar deceased was a witness and the murder of Sanjiv Kumar deceased. From the reply, it appears that the local police had closed the case with regard to murder of Sanjiv Kumar deceased, on the ground that he had died due to opium etc. As referred to above, the petitioner is not satisfied with the investigation carried out by the CIA staff/CID, in view of the various surrounding circumstances showing involvement of the accused in the murder of Sanjiv Kumar deceased and the past history. On the facts and circumstances of the present case and in view of the serious allegations made by the petitioner, in my opinion, it is a fit case which requires further investigation by an independent agency like CBI. 8. For the reasons recorded above, the present petition is allowed and it is directed that investigation of case FIR No. 610 dated 3.9.1998 under Sections 364/302 Indian Penal Code, registered at PS Sadar Karnal, shall be entrusted to CBI, Chandigarh. The CBI is hereby directed to complete the investigation as expeditiously as possible and thereafter take such steps as are required under the law depending upon the result of the investigation. Petition allowed.