Criminal Misc M- 4505 of 2010 v. State of Haryana & Ors.

Heard counsel for the parties. The grievance of the petitioner in this petition under Section 482 CrPC is that proper investigation in case FIR 24 dated 2.2.2010 for the offences under Sections 302, 201/34 IPC with regard to the murder of Billu, the brother of the petitioner, are not being carried out. It is contended by the learned counsel that after the investigations carried out, one Azad has been arrested and as per his disclosure statement, he himself and one Ashok had killed Billu. It is submitted that if the prosecution version is seen from the remand papers the case set up is that Azad had caught hold of the deceased – Billu from his hands and Ashok had pressed his neck. However, it is submitted that it is not explained as to how and who had hit Billu – deceased. It is also contended that the distance of the pond from Peer Baba is approximately 2-3 kms, then carrying the dead body on the motorcycle for the entire way would have led to a blood trail along the path which is not the case of the prosecution as even the petitioner and the Police did not find Cr Misc M- 4505 of 2010 2 a trace of blood anywhere. Further, the village pond of Malerna is situated quite close to the Abadi and the version that the dead body was being carried on a motorcycle, is not at all believable. A pointed reference has been made to the fact that the telephone records of Billu (deceased), Kalyan, Sanjay and his friends, which could unlock the mystery of killing Billu has not been obtained. In terms of order dated 16.2.2010, a copy of this petition was given to the State counsel so as to enable him to seek instructions in the matter. Reply has been filed by Sh Badan Singh, HPS, Assistant Commissioner of Police, Ballabgarh, Faridabad, on behalf of respondents-1 to 3. It is submitted that the FIR was registered against Kalyan son of Mahabir, Mahabir son of Mohar Singh and others at PS Ballabgarh. After registration of the FIR, the case was entrusted to Mohinder Singh Inspector, SHO PS Sadar Ballabgarh, for investigation, who visited the site and prepared a rough site plan of the place of recovery of the dead body of Billu @ Duli Chand on 2.2.2010. During investigation, inquest proceedings under Section 174 CrPC were conducted. The dead body of Billu – deceased was identified by Madan Gopal and Nawal Kishore, whose statements under Section 161 CrPC were recorded. The dead body of Billu @ Duli Chand was sent for post-mortem examination to BK Hospital, Faridabad, where a Board of Doctors of BK Hospital, vide memo dated 2.2.2010, conducted post-mortem on the dead body. They opined that the cause of death in the case was shock and hemorrhage resulting from the injuries to vital organs and great veneher (lumnage injuries) which are ante mortem in nature and sufficient to cause death in the ordinary course of nature. On 7.2.2010, the petitioner moved a representation to the Commissioner of Police, Faridabad Cr Misc M- 4505 of 2010 3 who ordered transfer of the investigation of the case to CIA Faridabad, for further investigation. On 12.2.2010, statement of Umesh son of Om Parkash was recorded. He made an extra-judicial confession in the investigation in which he disclosed that Azad son of Ram Lal and Ashok son of Vish Ram had taken drinks with Billu @ Duli Chand (deceased) at the Mazzar of Peer Baba, village Malerna on 1.2.2010. Thereafter, they committed the murder of Billu @ Duli Chand and threw the dead body in the pond of village Malerna. On 12.2.2010, on the basis of extra-judicial confession of Umesh – accused, Azad son of Ram Lal was joined in the investigation and his disclosure statement was recorded. Police remand of Azad was taken from the Ilaqa Magistrate. In pursuance of the disclosure statement of Azad, the Police party demarcated the place of murder and the place where the dead body had been concealed. On 14.2.2010, the accused – Azad got recovered the blood stained clothes i.e. the bed sheet, pant, shirt and clothes of the deceased vide recovery memo dated 14.2.2010. Azad is in judicial custody. An application dated 2.3.2010 has been submitted before the Ilaqa Magistrate for issuance of arrest warrants against Ashok Kumar which had been issued for 27.3.2010. As regards the call details, it is submitted that the mobile phone number of Kalyan was obtained from ACP Crime Branch, Faridabad and location of call towers of Kalyan are Arya Nagar and Aggarsain Chowk on 1.2.2010. Besides, during investigation, the call details of mobile phone of Kalyan and location of tower are yet to be ascertained. The matter, therefore, is being investigated into by the CIA Faridabad and on the application of the petitioner who is the complainant, the case was transferred by the Commissioner of Police Faridabad to the CIA Faridabad. The grievance expressed by the learned counsel for the Cr Misc M- 4505 of 2010 4 petitioner is that the call details of Kalyan are not being properly investigated. Learned counsel for the State submits that the matter is still under investigation and warrants of arrest of the co-accused – Ashok were obtained for 27.3.2010. Besides, proper and due investigation would be carried out in the case in accordance with law. This Court, in exercise of its inherent jurisdiction under Section 482 CrPC is normally not to interfere in the course of investigation for that is the domain of the Police. The Court would be reluctant to interfere in the investigation. The investigation in the present case has already been transferred by the Commissioner of Police Faridabad to the CIA Faridabad, which is now conducting the investigation. In the circumstances, no ground is made out for interference with the investigation. This petition is dismissed. The petitioner may pursue his grievances, if any, before the investigating authorities.

10.3.2010 ASR ( S.S.SARON ) Judge