AMIT GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) PERUSAL of this Crl. Misc. petition shows that at the instance of Amit Garg -petitioner, case FIR No. 344, dated 24.7.1996 under sections 365, 387, 504/34 IPC was registered at P.S. Ambala Cantt. on the basis of application sent by him to S.P., Ambala. His grievance now is that this case is not being investigated honestly and impartially by the local police and the police are siding with the accused. On 7th September, 1996, a constable came to his house at about 9 p.m. and he told him that he was called by SHO, PS Ambala Cantt., in connection with the investigation of the aforesaid case. He along with his father went to PS Ambala Cantt. where Shri Arun Nehra, the S.H.O. of PS Ambala Cantt. was found present in his room. Accused Neeraj Kumar Singhal and Vicky Bhatia were occupying chairs. On seeing him and his father, Shri Arun Nehra became infuriated and started hurling abuse on them and he threatened that he would twist the investigation in a manner that the case would be cancelled and they would be proceeded against, under Section 182 IPC. He pressurised him to make statements with drawing the case. He obtained his signatures and the signatures of his father on blank papers under threat and duress and he detained the petitioner and his father. They were let off on the morning of 8th September, 1996 after their signatures had been obtained on blank papers by him (SHO, PS Ambala Cantt.). He apprehends that justice will not be done to him and SHO, PS Ambala Cantt., will harass him further. He prays that investigation of the case be entrusted to some independent agency so that truth is surfaced.

(2.) IN reply to this CrI. Misc. Petition, the State of Haryana is urging that the petitioner was under debt to the tune of about Rs. 11,24,000/ - to Neeraj Kumar. Petitioner suffered heavy losses through the purchase of shares because of slump in the value of shares. He abused the process of law and got the registration of this case. Petitioner made several telephone calls to Neeraj Kumar so as to settle the matter. It has been further urged that case was investigated by ASI Jeet Ram and thereafter the case was investigated by Inspector, SHO, PS Ambala Cantt. under the orders of DIG, Ambala Range. It was denied that the petitioner and his father were detained in the police station. After investigation, cancellation of the case has been recommended.

(3.) IF the case has been investigated, and the cancellation of the case has been recommended, the remedy of the petitioner is to appear before the court which is to deal with the cancellation report and pray to that court that the case is not fit for cancellation and the reinvestigation be ordered and it is for that court to accept the cancellation report or to decline the cancellation report and order reinvestigation. That is a remedy provided in the Code of Criminal Procedure. I do not see any reason to invoke extra - ordinary jurisdiction vesting in this court under Section 482 Cr.P.C. to hand over the investigation of this case to some other agency, may be CBI, treating the investigation of this case so far made a suspect. If the cancellation report is pending consideration of the court, the Court will issue notice to Amit Garg and pass appropriate order after hearing him. With this direction, this Crl. Misc. Petition stands disposed of.