Karnail Singh vs State of Punjab and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 of Cr.P.C for handing over the investigation of case FIR No. 90 dated 08.12.2010 registered at Police Station Hariana, District Hoshiarpur u/s 302 IPC to any other independent agency or to some Senior Police Officer.

Notice of motion.

On the asking of the Court, Mr. K.S. Pannu, learned D.A.G., Punjab, accepts notice on behalf of Respondent-State.

It is contended by learned Counsel for the Petitioner that the said FIR was registered only after the intervention of Senior Superintendent of Police. The allegations are serious. The murder of the brother of the Petitioner is stated to have taken place on 26.09.2010 and the FIR was registered after almost 1 1/2 months i.e on 08.12.2010. Till date, the Investigating Officer has not made any headway in the investigation and nothing has been done.

In view of the above, the present petition is disposed of with a direction to the concerned Senior Superintendent of Police to appoint an officer, not below the rank of Deputy Superintendent of Police to investigate the matter. The Deputy Superintendent of Police concerned, as appointed by the Senior Superintendent of Police, shall investigate the matter and after allowing the Petitioner to join in the said investigation, submit a final report, in accordance with law, as expeditiously as possible, preferably within three months from the receipt of a copy of this order.

Meanwhile, the Senior Superintendent of Police, Hoshiarpur to look into the threat perception of the Petitioner and take appropriate measures, if need be.

A copy of the order be given dastiunder the signatures of Reader/Bench Secretary of this Court to the learned Counsel for the Respondent-State for further information.