SHIV SHAMBHU SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose of the above noted two petitions.

(2.) In CRM-M-4542-2012, the petitioner has sought directions to respondent Nos. 1 to 3 to hand over the investigation of the case bearing FIR No.142 dated 10.10.2011 under Sections 395, 397, 427, 120-B IPC and Sections 25 of the Arms Act, Police Station Ellenabad, District Sirsa to some other senior IPS Officer of the rank of DIG. COCP-1439-2013 has been filed by the petitioner alleging violation of the order 16.2.2012 passed by this Court in the aforesaid petition.

(3.) The prayer of the petitioner in CRM-M-4542-2012 is for transfer of the investigation alleging therein that the police has converted a case of dacoity into the one attracting Section 325 IPC only. It is averred that on 10.10.2011 when the petitioner was travelling back to his residence along with his brother and one Bansi Lal, a dacoity took place and a sum of Rs.5.00 lacs as well as certain licensed arms belonging to the petitioner were looted from the car of the petitioner. Pursuant thereto, the petitioner got registered the above noted FIR naming two persons namely Satnam Singh and Nishan Singh and further alleging three persons, namely, Hira Singh, Sukhdev Singh and Bali Singh, as conspirators. The said incident was also reported in various newspapers of Haryana. On 12.10.2011 i.e. just two days after the registration of the FIR, Ravinder Kumar, DSP, Ellenabad had conducted an inquiry/investigation regarding the occurrence and found the version recorded in the FIR as correct. When for more than a month, nothing was done to arrest the accused, the petitioner moved the Judicial Magistrate, Ist Class, Ellenabad, by making an application under Section 159 Cr.P.C. for obtaining the investigation report.