BHARAT BHUSHAN AHUJA Vs. STATE OF HARYANA AND OTHERS
LAWS(P&H)-2012-10-287
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 08,2012

BHARAT BHUSHAN AHUJA Appellant
VERSUS
State Of Haryana And Others Respondents

JUDGEMENT

- (1.) The present petition under the provisions of section 482 Cr.P.C. has been brought by Bharat Bhushan Ahuja, the petitioner seeking directions to respondents No. 1 to 4 to hand over the investigation of the case registered by way of FIR No.700 dated 1.10.2009 at Police Station Chandni Bagh, Panipat District Panipat (Annexure P3) for an offence punishable under sections 363, 365, 386, 323, 452, 506 of Indian Penal Code to Central Bureau of Investigation (CBI), respondent no.5 as the police of Police Station, Chandani Bagh, Panipat has succumbed to the pressure wielded by the accused which is quite .. evident from the fact that the police has not only failed to arrest the culprits but failed to submit report of the investigation to the court of learned Illaqa Magistrate.
(2.) The State has filed its reply to the petition in which the details of the steps taken during investigation have been mentioned. It is mentioned thereafter that on 19.5.2010, an application was made by the petitioner to Inspector General of Police, Rohtak Range, Rohtak on which the investigation was transferred to Superintendent of Police, Karnal who vide his order dated 29.6.2010 directed Inspector Ashok Kumar, Detective Staff, Karnal to investigate the matter. It has also been stated in the reply that now Inspector Devender Singh, Incharge, Detective Staff, District Police Office, Karnal is investigating the matter.
(3.) Learned counsel for the petitioner has submitted that thereafter, the State has filed status report by way of affidavit of Pardeep Singh Sheokand, Deputy Superintendent of Police, Traffic, Panipat and has stated in para No. 1(g) thereof that Assistant Sub Inspector Shri Bhagwan, the investigating officer has found the facts mentioned in the cancellation report made by S.H.O., Police Station, Chandni Bagh to have been correct. According to him, after mentioning in the reply that Inspector Devender Singh is conducting the investigation, the investigation could not be given to Assistant Sub Inspector.;


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