- (1.) THE petitioner has filed the instant petition under Section 482 of the Code of Criminal Procedure (for short "the Code") seeking direction to handover the investigation of FIR No. 50 dated 11.6.2013 for offence under Section 302 of the Indian Penal Code (for short "IPC"), registered at GRP Police Station Patiala, District Patiala to the Central Bureau of Investigation for proper and effective investigation.
(2.) SH . Chander Mohan Thakur, husband of petitioner Anita Thakur died on 23.5.2013. He was Mechanical Engineer and proprietor ofNaagar Kot Techno Solution and Bali Innovative Solution. As per allegations set out by the petitioner, the husband of the petitioner was called by hatching a conspiracy and his dead body was thrown on the railway track. She approached the Government Railway police Station, Patiala on number of occasions for taking action against the culprits but no action was taken. She approached Inspector General of Railway Police, Patiala for lodging an FIR and ultimately the aforesaid FIR was registered on 11.6.2013, 19 days after the occurrence.
(3.) COUNSEL for the petitioner contends that the petitioner raised categoric and specific allegations that husband of the petitioner received a telephonic call on 23.5.2013 around 6 -00 p.m. from Mr. Ajay Chaudhary for business meeting and later he was picked up from main road of Sector -9, Panchkula. Her husband was earlier working in the firm of Ashok Sharma and later separated and started his independent work. In recent days, all his (Ashok Sharma's) employees including his driver joined the husband of the petitioner and for the last 15 days, he was in continuous touch with the husband of the petitioner as he called him 4 -5 times a day and on the day of occurrence, he again called the husband of the petitioner when he received a call from Ajay Chaudhary. Counsel further argues that the first information report was registered after a delay of 19 days despite repeated visits of the petitioner to the concerned police station. One of the shoes worn by the deceased had been recovered from the bushes near the spot after about a period of one month and that too on the demarcation of the petitioner which shows that the investigating officer did not care to examine the spot properly. It is further submitted that murder of the deceased is being given colour ofaccidental death without any proper investigation to bring the real culprits to book. It has also been argued that the place where the dead body was found, one can easily go by car and drop dead body on the railway track as there is u -turn road touching the railway line.;