AI Structured Summary
Not yet generated for this judgment
Judgment
M.L. Koul, J.
Briefly stated it is allowed that one Jai Gopal Singh a taxi driver left in a blue Maruti car from Jhajjar (Haryana) on 29.5.1995 and never returned. Therefore on the basis of Pubic Interest Litigation, a petition within the purview of Section 482 of the Code of Criminal Procedure has been moved and the investigation of FIR No. 47 dated 1.6.95 registered under Section 302 of the Indian Penal Code, with the police Station Sahlawas District Rohtak, is sought to be entrusted to the Central Bureau of Investigation for the local police is not conducting investigation in the matter in right direction. In this regard the State was directed to place on record the true translated version of the case diary along with the statements of the witnesses examined by the police, as provided under Section 161 of Cr.P.C. The true translation of the case diary and the statements of all the witnesses as per the direction of this Court, have been placed on the record.
Heard Mr. P.S. Hundal for the petitioners and Mr. Vimal Kumar, for the State of Haryana.
On the perusal of the said documents this Court is not satisfied that the investigation in the case is being conducted by the investigating officer in the right direction. The person who has allegedly been murdered, is identified. His deed body has been recovered and the post mortem conducted on the dead body shows that the death was not natural. It is a kind of blind murder where the police was required to look into the matter rigorously and to make an effort to know as to how the person (deceased) got killed whether it was an accidental death or a case of murder.
In the petition itself many of the people are named and involvement of Pritam Jat and his friends Jai Bhagwan, Chander Pandit and Dhan Raj alias Dhanna a cousin of Jai Bhagwan a known strongman (Wrestler) is suspected as accused in the matter. The investigating officer has not made any effort to interrogate these people to ascertain as to whether in any way they are involved in the commission of the crime or not. It appears that the investigation in the case has not been done properly and no efforts whatsoever have been made to know as to who are the suspected killers. The police is the custodian of the citizens and a heavy duty is cast upon the Senior Superintendent of Police and higher echelons in the police including the Director Generals of Police in both the States of Punjab & Haryana that they should not sleep over such matters and entrust the investigation of such serious cases to Head Constables and Sub Inspectors of police. Such cases shall be entrusted to the police officers not below the rank of Inspectors who are well conversant with the investigation and the Criminal Law. In the murder cases, the Investigations are often conducted by the Head Constables or Assistant Sub inspector of Police, who are not well conversant with the law. It is the duty of the police to get back the confidence of the people and come up to the their expections for redressal of their grievances.
As a result of the above discussion, the investigation of the case is hereby entrusted to the Senior Superintendent of Police, Rohtak, who is directed to conduct the investigation in the matter personally and see that culprits are brought to the book. A copy of the order be provided to the State counsel with a direction that he should transmit the same to the Senior Superintendent of Police, Rohtak, for compliance who shall complete the investigation within a period of two months in the matter. The petition stands disposed of accordingly.