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2019 DIGILAW 170 (HP)

Krishni Devi v. State Of Himachal Pradesh

2019-02-07

SANDEEP SHARMA

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JUDGMENT Sandeep Sharma, J. (Oral) - By way of present petition filed under Art.226 of the Constitution of India , petitioner has prayed for the following main reliefs: "i) That the SIT may be directed to complete the investigation within one month positively and submit the supplementary challan in the court of Ld. Session Judge Hamirpur. ii) That in alternative the writ of mandamus may be issued directing the Respondents to entrust the investigation to the CBI in the interest of fair investigation. iii) That the petition may kindly be allowed. iv) That during the pendency of the investigation by the SIT and till the challan is submitted the trial before the Session Judge Hamirpur may kindly be stayed in Session Trial State V/s Vijay Kumar u/s 302, 341, 323 IPC and section 3(2)(v) of SC/ST (POA) Act fixed on 11-02-2019 to 13-02- 2019." 2. In nutshell, case of the petitioner as emerges from the pleadings as well as documents adduced on record is that prior to institution of the present writ petition, she had filed CWP No. 2552 of 2018, seeking therein direction to the Station House Officer, Sujanpur, Hamirpur, not to carry out investigation and to handover the same to the Special Investigation Team. In the aforesaid petition, petitioner, who happened to be the brother of the deceased, Founa Ram, had alleged that some of the suspects were being allowed to go scot-free, allegedly under the political pressure and as such, matter is required to be investigated by the Central Bureau of Investigation (CBI). 3. Principal Division Bench of this court having taken notice of the averments contained in the aforesaid petition filed by the petitioner, ordered constitution of a Special Investigation Team (SIT), vide judgment dated 18.12.2018 (Annexure A-I). Principal Division Bench of this court, while passing aforesaid order, directed the Director-General of Police, Himachal Pradesh to entrust the case to the CID Wing of the Police. Principal Division Bench further directed that the CID Wing would constitute a Special Investigation Team, to be headed by a Police Officer, not below the rank of Superintendent of Police and two other Members, preferably in the rank of Dy.SP or above. Principal Division Bench further directed that the CID Wing would constitute a Special Investigation Team, to be headed by a Police Officer, not below the rank of Superintendent of Police and two other Members, preferably in the rank of Dy.SP or above. While disposing of the earlier writ petition having been filed by the present petitioner, the Principal Division Bench of this court specifically ordered that the Special Investigation Team would investigate the matter and, if so required, shall submit a supplementary report in accordance with law, independent of the Challan already presented. However, the Principal Division Bench had specifically directed the SIT to do the needful within a period of one month. 4. By way of present writ petition, petitioner has alleged that more than one and half months have passed after the date of passing of judgment dated 18.12.2018, but till date, SIT constituted in pursuance to judgment dated 18.12.2018, has not been able to file supplementary charge- sheet. 5. Mr. Vivek Negi, learned counsel representing the petitioner, while referring to Annexure P-2 (Page-17 of the paper-book) contended that the Special Investigation Team, after passing of order dated 18.12.2018 approached the learned Special Judge, Hamirpur by way of an application under S.311 CrPC , seeking therein permission to conduct further investigation, which was not required at all, especially when the Principal Division Bench of this court had directed the SIT to investigate the matter. Mr. Negi, further contended that, on one hand, the SIT constituted by this court has not filed supplementary charge-sheet and, on the other, learned trial Court below is proceeding with the matter. Mr. Negi, further contended that the matter has been fixed for recording statements of prosecution witnesses on 11 th , 12 th and 13 th February, 2019 and, in case, trial pending before the learned trial Court is allowed to continue, without there being report of the SIT, as has been ordered by this court, great prejudice would be caused to the petitioner. 6. Mr. Dinesh Thakur, learned Additional Advocate General, on the instructions of SI Vinod Kumar, I/O, Police Station, CID, Bharari (Member of the SIT), contended that the application before the learned Special Judge, Hamirpur, was filed erroneously. He further contended that the investigation by the SIT is in progress and final report shall be filed within a period of two months from today. 7. He further contended that the investigation by the SIT is in progress and final report shall be filed within a period of two months from today. 7. Consequently, this court sees no reason to keep the present petition alive and same is disposed of with a direction to the Superintendent of Police, CID/Crime, to conclude the investigation within a period of two months and thereafter file a supplementary charge-sheet, if required in the competent Court of law. It is further ordered that till the time, investigation by the SIT is concluded and supplementary charge-sheet, if any, filed, trial before the learned Special Judge, Hamirpur in S.T. No. 73/2018 titled State vs. Vijay Kumar alias Sanju (FIR No. 66/18 , dated 9.9.2018, under Ss. 341, 323 and 302 IPC and S.3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 , registered at Police Station, Sujanpur, District Hamirpur, Himachal Pradesh, shall remain stayed. 8. Superintendent of Police, CID/Crimes is directed to file his personal affidavit with regard to compliance of instant judgment, so that no undue delay is caused as far as trial pending before the learned Special Judge, Hamirpur, is concerned. 9. The petition stands disposed of in the aforesaid terms alongwith all pending applications. 10. Registry of this court is directed to convey this judgment to the learned Special Judge, Hamirpur, Himachal Pradesh, for necessary compliance. Copy dasti.