Surjit Singh vs State of Punjab

K.S. Kumaran, J.

F.I.R. No. 108 dated 5.4.1997 under Section 364/34 of the Indian Penal Code was registered by Police Station Sadar, Ludhiana, on the statement of Jasbir Singh C.I. Constable. According to his statement, he along with police officials and SPOKulwant Singh conducted a raid in a case against Karnail Singh, Surjit Singh and Balbir Singh who were illicit distillers, that they ran away from the site of the occurrence, that in order to apprehend them the complainant and SPOKulwant Singh ran after them, that SPOKulwant Singh acted with courage and reached near all the accused, and that these three accused caught hold of the said Kulwant Singh towards the river water with the intention to eliminate him by drowning in the river water.

The petitioner, who is the father of the said Kulwant Singh has approached this Court with this writ petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure with a prayer to direct the Central Bureu of Investigation, to take up the investigation of the case. The petitioner claims that he along with the Sarpanch and others went to Jaswinder SinghS.H.O., Police Post, Ladowal, that he advised the petitioner not to take any further steps, and that he was ready to pay Rs. 50,000/ as help to the family members. According to the petitioner, he and the others wanted the Station House Officer to take neceassry action in accordance with law. The contention of the petitioner is that in spite of the fact that the FIR has been registered on 5.4.1997, no further action has been taken even though the petitioner had approached the Senior Superintendent of Police, Ludhiana and D.I.G. of Police, Ludhiana Range. The petitioner contends that the detenuKulwant Singh is in the illegal custody of Jaswinder Singh. The petitioner contends that in these circumstances and in view of the allegations levelled against the police officer of the same police station, he does not expect fair investigation by the concerned police officials of the said police station and therefore, investigation should be entrusted to the Central Bureau of Investigation.

On notice to the respondentState of Punjab, reply has been filed by DSP. Rural, Ludhiana, on behalf of the respondentState, wherein it has been stated that Sub InspectorJaswinder Singh along with Kulwant Singh and others conducted a raid, that accusedKarnail Singh, Surjit Singh and Balbir Singh managed to escape, that Kulwant Singh chased them, and that the accused while reaching on the banks of the Satluj River caught hold of Kulwant Singh and abducted him with the intention to kill. It has also been alleged that Jasbir Singh had even seen that the accused had dragged Kulwant Singh into the water of Satluj River. It has also been stated that Sub InspectorJawinder Singh apprehended the other accusedJarnail Singh, and that the investigation is on. The allegation that Kulwant Singh is in the custody of Jaswinder Singh has been denied.

I have heard the counsel for both the sides.

From the allegations made in the reply, it is clear that the then Station House OfficerJaswinder Singh along with others including Kulwant Singh conducted a raid on distillers, and that Kulwant Singh was caught hold of by accused and dragged into the Satluj River water. It is also alleged by the respondent that Kulwant Singh had been abducted by the accused with the intention to kill him. Though, FIR has been registered on 5.4.1997 nothing tangible appears to have been done till now. The contention of the petitioner is that his son Kulwant Singh is in the illegal custody of the said Sub InspectorJaswinder Singh, who has now been posted in the same Sub Division and, therefore, the investigation will not be fair, in view of the stand taken by him that the said Jaswinder Singh is keeping Kulwant Singh in illegal custody. In these circumstances, I am of the view that though it is not necessary to hand over the investigation of the case to the C.B.I., it is only proper that the case has to be investigated by a higher officer. Therefore I direct that the Superintendent of Police (Crime) Punjab Police, at Chandigarh, to take over the investigation of this case and complete the investigation within four months.

Accordingly, this petition is allowed directing the Superintendent of Police (Crime) Punjab Police at Chandigarh, to take up the investigation of this case and complete the investigation within four months from the date of receipt of a copy of the order. The relevant records shall be handed over by the concerned Investigating Officer to the said Superintendent of Police, forthwith.