- (1.) By means of this application U/S 482 Cr.P.C., the applicants Avtar Singh @ Taru and Charanjeet Singh Sidhu @ Billu have prayed for quashing of the Charge Sheet No.433 B/13 dated 16.07.2018, arising out of Case Crime No.462 of 2018, under Sections 147, 148, 149, 307 and 302 IPC, P.S. Bilaspur, DistrictRampur pending in the Court of III Additional District and Sessions Judge, Rampur as Case No.4729 of 2018, State vs. Avtar Singh @ Taru and others.
(2.) Opposite party no.2, Kuldeep Singh lodged a First Information Report on 25.10.2013 at around 5:30 p.m. which was registered as the aforementioned case crime number against six (6) named accused namely Avtar Singh @ Taru, Tajendra Singh Bajwa, Sultan Singh, Manjeet Singh, Billu & Sukhvinder Singh Ladi and two unknown persons for having committed murder of Rajendra Singh brotherinlaw of the informant, Kuldeep Singh and Smt. Simarjeet Kaur wife of the deceased who was critically wounded.
(3.) The investigation, it appears was transferred to the Crime Branch of the Crime Investigation Department (CBCID) by the State Government vide order dated 28.11.2013. The said transfer of invesitgation was challenged by the informant Kuldeep Singh by way of a Writ Petition being Crl. Misc. Writ Petition No.24952 of 2013. A Division Bench of this Court by order dated 18.12.2013 for the reasons recorded in the said order, directed that the execution of the impugned order dated 28.11.2013 would remain in abeyance and further that the regular local police would be allowed to proceed with the investigation, but the same may not be concluded till further orders of this Court. The said order is reproduced below: "Heard the learned counsel for the petitioner, Sri Anurag Khanna, learned counsel for respondent No.4 and learned AGA for the State and also perused the materials on record. This petition has been filed by the complainant in a murder case, which was registered as Case Crime No. 462 of 2013 under Section 147, 148, 149, 302, 307, Police Station Bilaspur, District Rampur challenging the transfer to C.B.C.I.D. by the order of the State Government dated 28.11.2013 (Annexure3). It is contended by the learned counsel for the petitioner that this transfer has been effected at the instance of one Baldev Inder Singh, the brother of one of the named accused persons namely, Tejendra Singh in order to prevent the accused persons from being arrested, who are well connected and that the order by the State Government was mala fide transfer as it has been done at the instance of the accused persons in violation to the settled law laid down by the Hon'ble Apex Court in the case of C.B.I. vs. Rajesh Gandhi and other AIR 1997 SC 93. It was further contended that the plea on behalf of the accused for transfer of the investigation from one investigating agency to another normally, should not be accepted unless it was necessarily required in view of the guidelines laid down by the Government itself. Taking note of the submissions made by the learned counsel for the parties, learned AGA is directed to file counter affidavit within four weeks showing grounds/ reasons which necessitated to transfer the investigation from the regular police/ local police to the C.B.C.I.D. List this petition in the week commencing 20th January 2014. Till the next date of listing the execution of the impugned order dated 28.11.2013 shall remain in abeyance. It is further provided that during this period the regular local police may be allowed to proceed with the investigation, however it may not be concluded till further order of this Court. Let a copy of this order be supplied to learned A.G.A. for intimation and its compliance." ;