- (1.) This is a petition under Section 482 of Criminal Procedure Code, seeking direction to the respondents No. 2 to 5 to immediately hand-over the investigation and records of FIR bearing No. 139 dated 30.09.2013, under Sections 302 read with Section 34 of Indian Penal Code, registered at Police Station City Malerkotla, District Sangrur, to the Central Bureau of Investigation. On 30.09.2013, the FIR No. 138 was registered at Police Station City Malerkotla and the same reads as under:-- "Statement of Vinod Kumar son of Inderjit caste Aggarwal resident of Mohall Dhobian Wala near Chhota Chowk Malerkotla aged about 45 years. Mobile No. 94634-87579. It is stated that I am resident of above address. I am running a PUNSUP Shop near Multani Hotel Malerkotla. We are five brothers. My youngest brother Navneet Kumar runs a toy shop at Chhota Chowk Malerkotla. My brother Navneet Kumar have two children, out of which Vidhu Jain is 11 years old and younger to him Naman Jain is about 8 years old. My nephew Vidhu Jain, who studies in 7th class at Jain Model School, Malerkotla and younger to him Naman studies in 2nd class at Basant Valley School Malerkotla. Today, Vidhu Jain was at home as there was holiday in his school and at about 10.00 a.m. Vidhu Jain was going to hand over Tiffin to Naman Jain in his school, then at about 10.30 a.m. I received a telephone call from my elder brother Prem Chand that some unknown person or persons have put on fire Vidhu Jain son of Navneet Kumar. That this incident has taken place at Bagh Colony near Parmesory Petrol Pump, Malerkotla and Vidhu Jain has been brought to Civil Hospital, Malerkotla. On hearing this phone, I reached Civil Hospital, Malerkotla where doctor, after giving first aid, referred Vidhu Jain to Rajindra Hospital, Patiala. I along with my family members after consulting each other, brought my nephew Vidhu Jain to CMC Hospital, Ludhiana. When we brought my nephew Vidhu Jain to CMC Hospital, Ludhiana then doctor checked up and told that he is dead. I came to know that about 4-5 days back my nephew Vidhu Jain had little altercation on their shop about kite thread. Due to this enmity, said boy along with other accomplices had poured kerosene oil on my nephew Vidhu Jain and set him on fire and injured him, who died due to burn injuries. Legal action may be taken against boy who set him on fire and his unknown accomplices. Dead body of my nephew Vidhu Jain is lying at CMC Hospital, Ludhiana. Statement has been got recorded, heard and is correct." Reply and Video CD filed in the Court, is taken on record. Heard.
(2.) Vide letter dated 03.01.2014 addressed to the Secretary, Government of India, Ministry of Home Affairs, New Delhi, a request for handing-over the investigation of the case bearing FIR No. 139 dated 30.09.2013, was made to the Central Bureau of Investigation by the Department of Home Affairs and Justice, Government of Punjab. However, the said request after consideration was declined by the Central Ministry on the ground that the same does not have any interstate or trans-national ramifications as laid down in State of West Bengal and others v. Committee for Protection of Democratic Rights, West Bengal and others, 2010 2 RCR(Cri) 141Apparently, the State is hesitant to carry-out effective investigation on account of composition of the population of the town i.e. Malerkotla. Learned counsel for the petitioner informs that there is a complete polarization of the population in the town on the basis of religion. The State is not ready to earn the displeasure of either of the communities.
(3.) The intention of the State is very clear from the letter addressed to the Home Ministry. In the circumstances, this Court feels, even if the matter is handed-over to other branch like-Crime Branch of the State headed by the Director of Bureau of Investigation, the purpose of investigation is not likely to be fully achieved as being a State agency, it may also not put its heart and soul in the matter.;