TEJINDER SINGH DHINDSA, J. - (1.) THE present petition was initially filed under Articles 226/227 of the Constitution of India praying for the issuance of a writ of mandamus for transferring the investigation in case FIR No.131 dated 11.6.2011 under Section 302 of the Indian Penal Code and Section 25 of the Arms Act, registered at Police Station Sadar, Sonepat to the Central Bureau of Investigation. Further prayer was for staying the proceedings before the trial Court initiated on the basis of the final report submitted by the Police authorities under Section 173 of the Code of Criminal Procedure.
(2.) ON 18.10.2011, this Court had directed the Registry to treat the present petition under Section 482 of the Code of Criminal Procedure. Accordingly, the matter thereafter has been listed as Crl.Misc.No.M -32191 of 2011. Brief facts are that the petitioner retired from Delhi Police as Assistant Sub Inspector. On 10.6.2011, son of the petitioner, namely, Kuldeep Singh @ Sonia went to attend the marriage party of one Ramesh Singh son of Hawa Singh in the village. The petitioner, at about 9.00 O'Clock late in the evening, was informed that his son had been fired upon and upon making enquiries was told that family members of Shamsher Singh instead of admitting Kuldeep Singh in the local Hospital had taken him to Jaipur Golden Hospital at Delhi i.e. at a distance of 60 -70 kms. It is pleaded that the petitioner immediately rushed to the Hospital in Delhi where he was informed that his son Kuldeep @ Sonia had died on account of the bullet injuries suffered by him in the neck. Against this backdrop, the petitioner approached the police authorities on 11.6.2011 stating that it was under a conspiracy that somebody has killed his son by firing bullet shots. Based on such complaint, FIR No.131 dated 11.6.2011, under Section 302 of the Indian Penal Code and 25 of the Arms Act was registered. It would be useful to re -produce the relevant portion of the FIR which reads as under: "Statement of Sube Singh son of late Sh.Hardev Singh caste Chamar resident of village Salimsar Majra and aged 62 years. Stated that I am resident of above mentioned address and I have three children. Out of these two are sons and one is daughter. The youngest son was Kuldeep Singh @ Sonia. Yesterday on 10.6.11 the marriage of Ramesh son of Hawa Singh was fixed as we have visiting terms with their family and my son Sonia had gone to attend their marriage party at their home at about 5 p.m. Then at about 9 P.M. I was informed at my house that my son Sonia received fire shot on his body and the family members of Hawa Singh took him to Sonipat for his treatment. I, on receiving information, had gone to the house of Hawa Singh and from there I and my family members reached Sonipat. On enquiring from the government hospital, it came to light that nobody had come there, but later on came to notice that the boy was taken to Jaipur Golden Hospital, Delhi. Then I along with my family reached Golden Hospital at Delhi and on enquiry the doctor told that Sonia has died due to fire shot and the other boy of our village named Shamsher @ Sheru son of Suraj Bhan is also admitted there as he has also received fire shot on his hand. I enquired from him also and he did not tell me anything. I returned to my village from there and I after reaching village also enquired from the village about this incident, but all in vain. I have strong suspicion that somebody has fired a shot to my son Kuldeep @ Sonia by hatching a conspiracy, due to which he has died. I have got recorded my statement. Legal action may kindly be taken. Sd/ - Sube Singh son of Hardev Singh dated 11.6.11."
(3.) IT is further pleaded that after registration of the FIR, the local police recorded the statement of Shamsher Singh wherein he confessed that he had killed the son of the petitioner. It has further been alleged that the family members of Shamsher Singh (accused) approached the petitioner for compromising the matter and upon the petitioner having refused to do so, it was disclosed that in fact it were respondents 6 and 7 who had murdered the son of the petitioner. It has been asserted on behalf of the petitioner that thereafter he has been approaching the police authorities at various levels repeatedly to bring forth the involvement of respondents 6 and 7 in the crime. The Investigating Agency submitted the report (challan) on 7.7.2011 against Shamsher Singh only.;