Mahender Singh v. State Of Haryana And Others

CRM-M-36531-2024 (O&M) - 1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-36531-2024 (O&M) Date of Decision: 11.12.2024 Mahender Singh .... Petitioner

Versus

State of Haryana and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. Devender Arya, Advocate for the petitioner. Mr. Surinder Kumar Dagar, DAG, Haryana.

***** NIDHI GUPTA, J. (ORAL) Prayer in the present petition under Section 528 of The Bharatiya Nagarika Suraksha Sanhita, 2023 is for issuance of a directions to the respondents No. 1 to 3 to conduct a fair and proper investigation and take immediate action on the Complaint dated 25.06.2024 (Annexure P-2) given to Respondent No. 3 and Complaint dated 15.07.2024 (Annexure P-3) given to the Respondent No.2 by the petitioner regarding committing suicide of daughter of the petitioner; AND further prayer for issuance of direction to the Respondents No. 2 & 3 to file status report of the investigation carried out on the complaints of the petitioner. Learned counsel for the petitioner inter alia submits that the daughter of the petitioner had committed suicide on 24.06.2024. One

CRM-M-36531-2024 (O&M) - 2suicide note (Annexure P-1) was recovered, as per which, 6 persons were named therein. Accordingly, petitioner has made a complaint dated 25.06.2024 (Annexure P-2) to the SHO, Police Station Sadar Mahendergarh/respondent No.3; and another complaint dated 15.07.2024 (Annexure P-3) to the Superintendent of Police Mahendergarh at Narnaul/respondent No.2. It is submitted that till the filing of the present petition, no action was taken thereupon by the respondent-authorities. However, as per para 7 of the status report dated 27.11.2024 filed by way of an affidavit of the Deputy Superintendent of Police, Narnaul, District Mahendergarh on behalf of respondents No.1 and 3, an FIR No. 286 dated 09.09.2024 under Sections 306, 34 IPC was registered at Police Station, Sadar Mahendergarh against persons whose names are mentioned in the above complaint.

Learned counsel for the petitioner now contends that after registration of the above said FIR, the police is not arresting the accused persons.

Learned counsel for the State, on instructions from ASI Amit Kumar, refers to the submissions made in para 8 of the above said status report to submit that during investigation, no evidence has so far been found against the accused persons. As such, they have not been arrested. The relevant portion of para 8 reads as under:- "....During the course of investigation, the investigating officer issued a notice u/s 94 BNSS dated 11.11.2024 to Mahender Singh i.e. the petitioner for getting

CRM-M-36531-2024 (O&M) - 3the handwriting and signature of deceased Pushpa for comparison with the suicide note. In compliance of the said notice, on same day i.e. 11.11.2024, the petitioner has provided two notebooks having the handwriting of deceased Pushpa and a photocopy of passbook of Bank Account pertaining to deceased Pushpa which were taken into police possession vide recovery memo. On the same day i.e. 11.11.2024, the investigating officer reached at Central Bank of India, Mahendergarh and made the contact with Manager for getting the account (5573064523) opening form of deceased Pushpa which was taken into police possession vide recovery memo.

It is pertinent to mention here that the notebooks and account opening form pertaining to deceased Pushpa have been converted into sealed parcels by the investigating officer which would be submitted/deposited in R/FSL,Sunaria for analysis/comparison with the suicide note and after getting the report from R/FSL Sunaria, the appropriate action would be conducted in the present case in light of the said report.

Hence, keeping in view the above facts as well as the circumstances of the present case, it is most respectfully submitted that the investigation of this case is going on which is being conducted by the investigating officer in a fair and proper manner and as such the present petition of the petitioner has became infructuous" Learned counsel for the State further submits, on instructions, that the notebooks and account opening form pertaining to deceased Pushpa have now been sent to R/FSL.

Heard.

In view of the submissions noted above, no further directions

CRM-M-36531-2024 (O&M) - 4are required to be issued in the present petition, as the prayer of the petitioner for conducting fair investigation in the matter is addressed; and FIR has also been registered in pursuance thereto. Matter is presently under investigation.

The present petition accordingly stands disposed of. Pending application(s), if any, stand(s) disposed of. 11.12.2024 ( NIDHI GUPTA ) Divyanshi JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No