Chandro v. P.K. Agrawal & ANR

~1~

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** Date of Decision: 15.07.2019 Chandro Petitioner

Versus

P.K. Agrawal, ADGP, State Bureau of Investigation, Panchkula and another Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Vikram Singh, Advocate for the petitioner.

Mr. Sandeep S. Mann, Sr. D.A.G., Haryana.

**** AVNEESH JHINGAN, J (Oral):

The present contempt petition has been filed pleading wilful disobedience of order dated 23.05.2016 in CRM-M-30870 of 2014.

The operational part of the order is reproduced below:- "Status report on behalf of respondent Nos. 1, 2, 4 and 6 has been filed in the Court and the same is taken on record. In this case, husband and wife along with two minor children aged about 10 and 06 years respectively have died. The case bearing FIR No.346 dated 21.06.2014 under Sections 427, 436 and 302, IPC, was registered at Police Station, Assandh, District Karnal. It is stated in the status report that after investigation, the police has

~2~ decided to present the cancellation report as there is no clue of fire and if any clue is found, the matter will again be investigated. It means that the police is not in a position to solve the crime. The case is of serious nature involving death of four persons out of which two are minors, therefore, the case is withdrawn from the Police Station, Assandh, District Karnal and entrusted to the State Bureau of Investigation, Haryana. It is further directed that Inspector General (Crime) will personally supervise the investigation of the case and ensure that the case is taken to some logical conclusion. The Bureau shall also endeavour to complete the investigation within three months from the date of receipt of case.

Accordingly, the present petition is allowed." The respondents have filed the reply stating that investigation was entrusted to State Bureau of Investigation, Haryana. Reply has been filed by way of affidavit of Sh. Kuldeep Siag, IGP (Crime), Head Quarter, Moginand, Panchkula. As per affidavit filed, the investigation has been completed and Untraceable Report has been filed. The Report was accepted by the S.D.J.M., Assandh, District Karnal on 08.08.2017.

Learned counsel for the petitioner states that matter has not been properly investigated, he raises grievance with regard to acceptance of Untraceable Report.

The aspect raised by learned counsel for the petitioner would not be within the ambit of contempt proceedings. At this stage, he seeks liberty to raise his grievance against filing of the

~3~ Untraceable Report in accordance with law.

In view of statement made, the present contempt petition is disposed of as infructuous with liberty aforesaid. [AVNEESH JHINGAN] JUDGE July 15, 2019 pankaj baweja

1. Whether speaking/ reasoned :

Yes/ No

2. Whether reportable :

Yes/ No