High Court of Punjab and HaryanaCRM-M/20271/2016disposed of

Chamkaur Singh v. State Of Punjab And ORS

2019-08-20Mr. Justice Surinder Gupta3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Misc. No.M-20271 of 2016 (O&M) Date of Decision: August 20, 2019 Chamkaur Singh ......PETITIONER(s).

VERSUS

State of Punjab and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Saurabh Kaushik, Advocate for the petitioner (s).

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

Mr. Manu K. Bhandari, Advocate for respondents No.4 to 10.

******* SURINDER GUPTA, J.

Petitioner Chamkaur Singh filed this petition for referring the investigation of murder of his son Amrit Singh under mysterious circumstances on 03.12.2015 to independent agency or higher police official and for registration of FIR for the offence punishable under Section 302 of Indian Penal Code against private respondents No.4 to 10. Petitioner in his representation (Annexure P-4) made to the police, has alleged that his son was murdered by private respondents and his dead body was hanged with a tree. Vide report dated 06.04.2016, police after investigation found no substance in representation of the petitioner and ordered the same to be filed.

-2Vide order dated 21.02.2018, Senior Superintendent of Police, Patiala was directed to form a Special Investigating Team headed by an officer not below the rank of Senior Superintendent of Police and of a member from Forensic Science and to conduct fresh investigation in the matter.

Report of Special Investigating Team dated 04.09.2018 (Annexure R-3/T) was submitted, stating therein as follows:- "From the postmortem report of deceased Amrit Singh, result of viscera Chemical report and from the inquiries already conducted and now from the inquiry of SIT, it has been found that Amrit Singh has himself committed suicide by putting ligature material "Loi" around his neck and by tying "Loi" with Jaman Tree and there is no fault of anybody."

Learned counsel for the petitioner is not satisfied with the report of Special Investigating Team and has tried to find fault with the same.

The petitioner is levelling allegations against private respondents and alleging that they have murdered his son. I need not go into the allegations levelled by the petitioner and discuss the same so as not to cause any harm to the petitioner in availing other legal remedies. As per request of petitioner, matter was referred to Special Investigating Team headed by an officer not below the rank of Senior Superintendent of Police and the Special Investigating Team has found no substance in the allegations levelled by the petitioner.

In view of the above, this petition is disposed of with liberty to the petitioner to avail other legal remedies available to him.

-3It is, however, made clear that nothing contained in this order shall be treated as opinion on the averments of petitioner on merits in the event of his availing any other legal remedies. ( SURINDER GUPTA ) August 20, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No