KISHORI LAL Vs. STATE OF H.P. AND ORS.
LAWS(HPH)-2014-5-167
HIGH COURT OF HIMACHAL PRADESH
Decided on May 28,2014

KISHORI LAL Appellant
VERSUS
State Of H.P. And Ors. Respondents

JUDGEMENT

Rajiv Sharma, J. - (1.) THE petitioner's son was working as Commando in N.S.G.. He was posted in Delhi. He had come to his home on casual leave in the month of February 2013. On 12.2.2013, he had gone to Railway Station, Una, for getting his ticket reserved, however he did not come back to home. The petitioner lodged missing report of his son on 13.2.2013. At 8.30 P.M., dead body of his son was found lying in a forest near Village Joh, District Una. FIR No. 14/2013 was registered on 15.2.2013 at Police Station, Gagret.
(2.) THE case of the petitioner, in a nutshell, is that his son went missing on 12.2.2013 and no sincere efforts were made by the investigating agency to trace out the real culprits. According to the reply filed by respondents No. 1 to 3, the investigation is going on. During investigation, it was found that one Satnam Singh, friend of petitioner's son was not at his residence at the time of occurrence and his presence was found in Chandigarh. Two suspects, namely Nitin Kumar and Suresh Kumar were interrogated. However, they had been enlarged on bail by learned Additional Sessions Judge (1), Una.
(3.) IN the instant case, though FIR was registered on 15.2.2013, the real culprits have not been brought to book till date. There should not be any undue interference with the investigation being carried out by the investigating agency, however, in the case in hand, it is evident that no sincere efforts have been made by the investigating agency to trace out the real culprits. The investigating agency has taken unnecessarily a long period for investigation. The court is satisfied that the matter is required to be handed over to CBI for investigation of FIR No. 14 of 2013 dated 15.2.2013.;


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