Rajbir Sehrawat,J. - (1.) This judgment/order shall dispose of the abovesaid two writ petitions.
(2.) At the outset, it deserves mention that three incidents of alleged sacrilege qua Guru Granth Sahib; the Holy Book of Sikhs; are stated to have taken place from June to October 2015 in district Faridkot in Punjab. Some protests were held against the alleged sacrilege. During the process of maintaining the law and order situation the police are stated to have fired upon the protestors at village Behbal Kalan under Police Station Bajakhana, District Fridkot; wherein two persons are alleged to have died, and also at Kotkapura; where some police persons were seriously injured and one protestor is alleged to have received grievous gun-shot injury on thigh and some other persons are alleged to have received minor injuries. For all those incidents; at least 7 FIRs have been registered. Some FIRs were from the side of Police and some were from the side of protestors. These FIRs are as under:- (A) Alleged Sacrilege FIRs (i) FIR No. 63 dated 2.6.2015, Police Station Bajakhana. (ii) FIR No. 117 dated 25.9.2015 Police Station Bajakhana. (iii) FIR No. 128 dated 12.10.2015 Police Station Bajakhana. (B) FIRs qua alleged violence and firing at Behbal Kalan - Death of 2 Persons:- (i) FIR No. 129 dated 14.10.2015 Police Station Bajakhana. (ii) FIR No.130 Dated 21-10-2015 Police Station Bajakhana (C) FIRs qua alleged violence and firing at Kotkapura Injuries to the Police and the Protestors:- (i) FIR No. 192 Dated 14.10.2015 Police Station City Kotkapura. (ii) FIR No. 129 Dated 07.08.2018 Police Station City Kotkapura
(3.) In the present petitions the incidents and FIRs relating to alleged Sacrilege mentioned at (A) above; and the incident of violence and FIRs mentioned at (B) regarding death of 2 persons, are not involved. These petitions involve only the incident of violence and the consequent FIRs mentioned at (C) above, which pertain to injuries only; to the police, as well as, to the protesters. Therefore this court is not considering or deciding anything regarding the FIRs mentioned above at (A) relating to Sacrilege or regarding the FIRs mentioned at (B) relating to Deaths. This Court is considering the matter involving the incident of Kotkapura only, which involves only the FIRs mentioned at (C) above; and which relate only to injuries suffered or caused in the incident at Kotkapura. Any reference or observation qua the cases mentioned at (A) or (B) above; would only be incidental or for collateral purpose of decision of the present petition. The identical prayers made in both the present petitions are as under: (i) To issue a writ of certiorari for quashing FIR No. 129 dated 7.8.2018, under Sections 307, 326, 324, 323, 341, 201, 218, 120B and 34 IPC and Section 27 of the Arms Act, registered at Police Station City Kotkapura, District Faridkot (Annexure P-9) being illegal as FIR for the same transaction already stands registered bearing FIR No. 192 dated 14.10.2015 under Sections 307, 353, 332, 333, 323, 382, 435, 283, 120B, 148 and 149 IPC, Section 25 of Arms Act and Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 (Annexure P-7) at Police Station City Kotkapura, District Faridkot. (ii) To declare that the ongoing investigation in subsequent FIR No. 129 dated 7.8.2018 (Annexure P-9) by the SIT is illegal and impermissible and to quash the reports under Section 173 Cr.P.C. dated 23.5.2019 (Annexure P-13) and dated 6.6.2019 (Annexure P-14), presented in the said FIR. (iii) To issue a writ of mandamus directing the investigating agency to carry out investigation of FIR No. 192 dated 14.10.2015 (Annexure P-7) and respondent No.3-Kunwar Vijay Pratap Singh, IGP, who is the de-facto head and controller of investigation, being carried out in the name of SIT, be removed forthwith from investigation of FIR No. 129 dated 7.8.2018 (Annexure P-9) and other connected FIRs, in view of his partisan and unbecoming conduct as an investigator; (iv) To direct respondent No.1 to transfer the investigation of FIR No. 192 dated 14.10.2015 and FIR No. 129 dated 7.8.2018 (Annexures P-7 and P-9) to the CBI. (v) And to stay the investigation in FIR No. 129 dated 7.8.2019 (Annexure P-9), being conducted by respondent No.3, during the pendency of the present writ petition and subject to the final outcome of the present writ petition. ;