Through the medium of this petition, Puneet Chopra, S/o late Sh. R.B. Chopra, R/o Trikuta Nagar, Jammu has prayed for investigation of case FIR No. 107/2006. Police Station, Bahu Fort, Jammu by the CBI. 2. The relevant facts, in brief are that on 18.9.2006 at 10.30 p.m. Police Station, Bahu Fort (Trikuta Nagar) received information about the murder of petitioners parents end sister namely Sh. R.B. Chopra, Madhu Chopra, and Saloni Chopra. On this, FIR No. 107/06 under Section 302 RPC was registered and investigation was started by the Station House Officer, Inspector Mohd Rafiq Manhas. On preliminary investigation, it was found that five persons have been brutally killed and that there was no trace of the accused. In these circumstances, a Special Investigation Team (SIT) was constituted of 11 Gazetted Police Officers headed by one IPS Officer of the rank of Superintendent of Police. Since the date of occurrence, the team is conducting investigation in the case. The police worked on various possible grounds and in this behalf examined more than 150 suspects. They looked into every possible reason for the murder of R. B. Chopra and other members of his family, which covered the business aspects as well as personal rivalry with R.B. Chopra and his family. After a thorough investigation, the SIT has come to the conclusion that the occurrence has been committed by the members of criminal tribes of Madya Pardesh. The petitioner is not satisfied with the investigation being conducted by the Special Investigation Team. He prays for handing over the investigation to the C.B.I. 3. The State Government has considered the matter and vide Notification dated 25.9.2006 has requested the Central Government to entrust the investigation of the case to the C.B.I. The matter has been examined by the CBI also, but they have expressed their inability to take up the investigation on the ground that the case was local in nature and did not require intervention by the CBI. 4. Heard the learned counsels for the petitioner, for the State and for the CBI. 5. Mr. D.S. Thakur appearing for the petitioner would vehemently plead for transfer of the investigation to CBI. Mr. Thakur relies on Punjab and Haryana High Court Bar Assocn. v. State of Punjab, AIR SC 1023 and submits that right from the beginning, the State police has dealt with the case in a most casual manner.
5. Mr. D.S. Thakur appearing for the petitioner would vehemently plead for transfer of the investigation to CBI. Mr. Thakur relies on Punjab and Haryana High Court Bar Assocn. v. State of Punjab, AIR SC 1023 and submits that right from the beginning, the State police has dealt with the case in a most casual manner. They invented their own theories and wasted a lot of time to work on these theories. They have not looked into the circumstances of the case, which shows that the murder of the Chopra family has been committed with a conspiracy; and in furtherance of such conspiracy the murderers have entered into the house of R.B. Chopra and killed him and his other family members, He has referred to the various loopholes in the investigation by the SIT, which shows that the team is not dealing with the case seriously, thus allowing the culprits to move freely and that with the passage of time the evidence regarding occurrence is also getting destroyed. In the circumstances, he prays that the case can be investigated by the CBI. He has in this behalf referred to the decision of the Government to refer the matter to CBI and submitted that once the State Government decided to refer the matter to the CBI, the CBI being premier investigating agency had no option but to take up the investigation of the case in terms of the decision of the Slate Government. 6. Mr. B.S. Salathia, learned AAG would refer to the status report submitted by the Superintendent of Police (Operation), Jammu in terms of the Court order dated 3.3.2008, giving present status of the investigation. He has also placed before me record of the investigation right from the beginning of the case and has also shown me the CD containing statement of one of the alleged accused person. He explained the circumstances, which led to the delay in the investigation and has or the basis of record produced by him submitted that the investigation is now at an advance stage, and is likely to complete within 2/3 months. He submits that in view of the substantial work done by the SIT regarding the investigation of the case, team should be allowed to proceed with the work to complete it. 7. Mr.
He submits that in view of the substantial work done by the SIT regarding the investigation of the case, team should be allowed to proceed with the work to complete it. 7. Mr. Dubey, appearing for the CBI has submitted that decision to handover the case to the CBI taken by the State Government about two years back, the CBI could not take over the investigation as the matter was of local nature, since then substantial progress has been made by the special investigation team, and in the circumstances, it will not be proper to hand over the investigation to the CBI at this stage, as it is likely to cause further delay in the case, which will not be in the interests of the petitioner also. 8. I have minutely gone through the record produced. From the case diaries, it is found that after the information about incident was received by the police, preliminary steps like recording of the statements under Section 161 Cr.P.C and post mortem of the dead bodies was done by the police. The investigation of the case has been taken over by the SIT constituted for the purpose by the State. From the case diaries, it appears that in the beginning slow progress was made by the team, but with the passage of time substantial progress has been made in the case. The team has found that notorious dacoits from Madya Pardesh are indulged in the crime. From the investigation, SIT has found following salient features of the crime:- "1. Use of Blunt Weapons. 2. Injuries in the head region. 3. Use of peculiar shaped crowbars resulting into depression on the Bathroom doors which had contours resembling English alphabet `W, the team has found a depression can be caused by a twin teethed crowbar which has two legs and a space in between. 4. There was no sign of any forced entry into the house. 5. Time of entry was during night after 10.30 P.M. 6. Only some of the family member had taken their dinner. 7. Tiles on the Floor had the irregular, faint, blood stained footmarks which suggested that some of the intruders might have entered barefooted. 8. Around 55 lakh cash, was found missing from the house. 9. Intruders did not take the gold jewellery lying in the temple, in the house and had not removed the gold ornaments from the females.
7. Tiles on the Floor had the irregular, faint, blood stained footmarks which suggested that some of the intruders might have entered barefooted. 8. Around 55 lakh cash, was found missing from the house. 9. Intruders did not take the gold jewellery lying in the temple, in the house and had not removed the gold ornaments from the females. 10. Rajinder Bhushan Chopra had some peculiar injuries on the Right Zygomatic Bone below the Right Eye which was perhaps inflicted by a curved weapon with two semi blunt blade each measuring around 1 cm wide and around 5 cm space in between. 11. Intruders had taken an Alto Car while fleeing from the spot. 12. It was certainly a gang of more than 6-7 person because controlling 5 inmates, segregating them into two groups, tying the limbs and gagging is not easy for any small group. 13. Crime had taken place during the dark nights as Amavasya fell on 22nd of September 2006." This analysis suggested that:- 1. Perhaps the intruders had a weapon which had a curved end with semi-blunt twin teeth which was used as weapon of housebreaking as well as weapon of strike. 2. Intruders either did not have any sophisticated weapon or they do not use any such weapon. 3. Some of the intruders were perhaps barefooted which is very uncommon. 4. Perhaps the intruders aid not have any vehicle of their own because for any well planned crime of such level intruders should have their own vehicle. 5. Intruders could enter into and come out of house in such a populated locality, despite the fact that a large congregation of people was present inside the temple, which means either they took the advantage of dark nights or they camouflaged themselves aiming the crowd. 6. They did not force the main door open because either the door was open or somebody facilitated their entry. 7. The entry was supple and quick because deceased could not use his pistol, He was attacked first and in order to silence him he was showered with strikes on his temple. This is corroborated by the fact that his limbs were not found tied unlike Saloni Chopra, driver Jagannath and servant Sonu." From the investigation, SIT has come to a prima facie conclusion that the crime has been committed by the Pardhi tribe of Madhya Pradesh.
This is corroborated by the fact that his limbs were not found tied unlike Saloni Chopra, driver Jagannath and servant Sonu." From the investigation, SIT has come to a prima facie conclusion that the crime has been committed by the Pardhi tribe of Madhya Pradesh. On the information received some arrests have also been made and the suspects have been put on multiple rounds of Polygraph, Brain Mapping and Narco Analysis Test (NAT) conducted at FSL Banglore. From these tests it has been found that eight members of the Pardhi Tribe had committed this gruesome act. It has also been found that suspects have been engaged by the local criminal from Katra, Reasi who instigated/guided them in the matter. From the case diaries, I further find that special investigating team has got vital clues, which may help to solve the case. 9. On going through the case diaries, I find that the investigation of the case is at a most crucial stage and to interfere with it at this Stage or to stop it or to handover it to some other agency including CBI will adversely effect the progress of the case. As such, I do not deem it just and proper to direct handing over of the case to the CBI as prayed by the petitioner, at this stage. 10. In the circumstances, I direct Special Investigation Team (SIT) to proceed with the case and expedite the investigation, which may be completed within a period of three months. Keeping in view the nature of the act committed and the sensation the case has created, this court will monitor the investigation being conducted by the SIT. In this behalf, the Special Investigating Team is directed to submit weekly progress report of the investigation to the Registrar Judicial of this Court for placing the same before the court for perusal and appropriate orders, if any. List after one week. Order accordingly.