High Court · 2025

Sheet, against accused respondent NO. 4 to 6 in the FIR NO. 0288 of 2021, under sections- 302,201,506 IPC police Station-Khekda, District- Baghpat within specified period as stipulated by this Hon'ble court,. II. Issue a writ, order or direction in the nature of mandamus directing the respondents Authority to ensure the compliance of the order passed by Chief Judicial Magistrate Baghpat dated 18.08.2022, by which directed to iniţiate the proceedings against the accused persons under section 82 of Cr.P.C."

4. Counter affidavit has been filed by Sri Amit Shukla, Advocate on behalf of the respondent no.4, 5 and 6, who were the accused persons. They had filed a letter of the deceased at page no. 56 obtained through the Right to Information Act, wherein the deceased had stated that he did not trust his own family members.

5. Learned AGA for the State submits that the State to get truth of the matter, was ready to get a polygraph test done of the accused persons and also in view of the various letters etc. of the deceased, they intended to get the polygraph test done of the informant's side. The paragraph nos.3 and 4 of the compliance affidavit is necessary for proper adjudication of the matter which are reproduced herein below: "3. That after registration of First information report, the investigating officer started the investigation and tried to ascertain the real culprits of the incident as no eyewitness account of the incident was available and which party has murdered the deceased Richpal or deceased Richpal committed suicide being upset with the circumstances as autopsy report is also not very clear about the cause of death of deceased. Cause of death of deceased could not be established. It would be necessary to conduct polygraph test of the accused and the informant side to check the credibility of their statements. Due to which the accused persons have also requested the higher officials through application to get the polygraph test done, voluntarily. Consent letters have been provided by them, while the informant's side is showing reluctance in getting the polygraph test done and is also not cooperating in the investigation.

4. That it is submitted that time has been wasted unnecessarily by the informant side. In the above case, the accused side has sent a letter to the higher authorities and requested for polygraph test/Narco test of themselves. Since the incident of the above case is quite old and no 'such solid, credible evidence has been found against the accused persons, till now. All the evidence and witnesses are either circumstantial or interested and chain of evidence is not established. In such circumstances, to reveal the truth of the incident, the accused persons have been produced before the learned Chief Judicial Magistrate, Baghpat for polygraph test. The polygraph test is under process."

6. Sri S.K. Shukla, learned counsel who appears on behalf of the petitioner very categorically stated that he has replied the contents of paragraph nos.3 and 4 of the personal affidavit in paragraph nos. 5 &6 of the rejoinder affidavit, which is reproduced herein below:- "5. That Contents of the paragraph No. 3 of the affidavit are totally misconceived, in reply, it is submitted that Investigating officer are making investigation under the influence of the accused persons further be submitted that Sri Narendra kumar who was appointed as Investigating officer in earlier and who was making proper investigation and collected sufficient evidence against the accused persons by collecting Call Detail Report (CDR) of the accused persons and mobile location of the accused persons have been found at the place of occurrence and he has also collected the evidence, after death of the deceased, Cheque has been presented in the Bank by accused Manoj but thereafter wife of the accused Dhara singh moved application before Superintendent of Police Hapur on 11.04.2022, requested therein to change the investigating officer, pursuant to which respondent No.2 passed an order dated 21.04.2022, by which, earlier Investigating officer namely Narendra kumar have been changed and in place thereof, subsequent Investigating officer namely Suman Kumar Singh have been appointed as Investigating officer to investigate the matter, therefore it is apparently clear that Investigating officer have been changed on the request of the accused persons, which are not permissible under the law and Investigation cannot carried out, on the basis of direction given by accused persons, further be submitted that accused persons with collusion of the Investigating officer have made conspiracy and moved application for polygraph test of the petitioner/first informant, even if, accused persons are ready then said polygraph test can be made by Investigating officer but same has not been done and only prolong the matter by investigating officer and report has not been submitted under section 173(2) of Cr.p.c., whereas near about more than four years time have been expired from lodging the first information report and investigating officer is not in position to submit the report because of reason sufficient evidence are available in the case diary made against the accused persons, which has been collected by earlier Investigating officer namely Narendre kumar. Copy of the application moved by Manju wife of Dhara Singh dated 11.04.2022, upon which, order passed by respondent NO.2 dated 11.04.2022, is being filed herewith and marked as Annexure No.1 to this affidavit.

6. That Contents of the paragraph No. 4 of the affidavit, are not correct, in reply, it is submitted, it is well settled law that accused cannot asked to do investigation in particular manner, in this case, Investigating officer have been changed on the behest of the request made by accused persons, they have moved application for polygraph test of the first informant, then they have no right to ask for conducting an enquiry in a particular manner and option is already available to the Investigating officer, if accused are ready for their polygraph test, then their polygraph can be made, basis of which report can be submitted but investigation ought to have been completed, further be submitted that First Information Report has been registered against accused persons under section 302,201,506 IPC and proceedings have been initiated against them under section 82 of Cr.p.c. but till date neither they have surrendered before the court concerned and nor they have been arrested by the Police Personnel and their Bail have been granted by any competent court and nor any protection have been granted in their favor by any competent court, thus, it is made clear, police personnel are fully collusive with accused persons and making investigation on behest of particular direction given by them."

7. Learned counsel for petitioner states that the polygraph test etc. of the informant was being done under some pressure.

8. From the entire record, we are of the considered view that the police is proceeding in the manner as is required to ascertain the truth hence no interference from this Court is required. If the polygraph test of the accused is done, then it may be used by the police for further investigation and if the informant is not getting the polygraph test done, then the law may take its own course.

9. No interference is required, the writ petition is dismissed.

10. If still delay is being caused in the investigation, it would be open to the petitioner to approach the Court again. Order Date :- 28.4.2025 Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) MOHAMMAD AKBAR High Court of Judicature at Allahabad

Sheet, against accused respondent NO. 4 to 6 in the FIR NO. 0288 of 2021, under sections- 302,201,506 IPC police Station-Khekda, District- Baghpat within specified period as stipulated by this Hon'ble court,. II. Issue a writ, order or direction in the nature of mandamus directing the respondents Authority to ensure the compliance of the order passed by Chief Judicial Magistrate Baghpat dated 18.08.2022, by which directed to iniţiate the proceedings against the accused persons under section 82 of Cr.P.C."

4. Counter affidavit has been filed by Sri Amit Shukla, Advocate on behalf of the respondent no.4, 5 and 6, who were the accused persons. They had filed a letter of the deceased at page no. 56 obtained through the Right to Information Act, wherein the deceased had stated that he did not trust his own family members.

5. Learned AGA for the State submits that the State to get truth of the matter, was ready to get a polygraph test done of the accused persons and also in view of the various letters etc. of the deceased, they intended to get the polygraph test done of the informant's side. The paragraph nos.3 and 4 of the compliance affidavit is necessary for proper adjudication of the matter which are reproduced herein below: "3. That after registration of First information report, the investigating officer started the investigation and tried to ascertain the real culprits of the incident as no eyewitness account of the incident was available and which party has murdered the deceased Richpal or deceased Richpal committed suicide being upset with the circumstances as autopsy report is also not very clear about the cause of death of deceased. Cause of death of deceased could not be established. It would be necessary to conduct polygraph test of the accused and the informant side to check the credibility of their statements. Due to which the accused persons have also requested the higher officials through application to get the polygraph test done, voluntarily. Consent letters have been provided by them, while the informant's side is showing reluctance in getting the polygraph test done and is also not cooperating in the investigation.

4. That it is submitted that time has been wasted unnecessarily by the informant side. In the above case, the accused side has sent a letter to the higher authorities and requested for polygraph test/Narco test of themselves. Since the incident of the above case is quite old and no 'such solid, credible evidence has been found against the accused persons, till now. All the evidence and witnesses are either circumstantial or interested and chain of evidence is not established. In such circumstances, to reveal the truth of the incident, the accused persons have been produced before the learned Chief Judicial Magistrate, Baghpat for polygraph test. The polygraph test is under process."

6. Sri S.K. Shukla, learned counsel who appears on behalf of the petitioner very categorically stated that he has replied the contents of paragraph nos.3 and 4 of the personal affidavit in paragraph nos. 5 &6 of the rejoinder affidavit, which is reproduced herein below:- "5. That Contents of the paragraph No. 3 of the affidavit are totally misconceived, in reply, it is submitted that Investigating officer are making investigation under the influence of the accused persons further be submitted that Sri Narendra kumar who was appointed as Investigating officer in earlier and who was making proper investigation and collected sufficient evidence against the accused persons by collecting Call Detail Report (CDR) of the accused persons and mobile location of the accused persons have been found at the place of occurrence and he has also collected the evidence, after death of the deceased, Cheque has been presented in the Bank by accused Manoj but thereafter wife of the accused Dhara singh moved application before Superintendent of Police Hapur on 11.04.2022, requested therein to change the investigating officer, pursuant to which respondent No.2 passed an order dated 21.04.2022, by which, earlier Investigating officer namely Narendra kumar have been changed and in place thereof, subsequent Investigating officer namely Suman Kumar Singh have been appointed as Investigating officer to investigate the matter, therefore it is apparently clear that Investigating officer have been changed on the request of the accused persons, which are not permissible under the law and Investigation cannot carried out, on the basis of direction given by accused persons, further be submitted that accused persons with collusion of the Investigating officer have made conspiracy and moved application for polygraph test of the petitioner/first informant, even if, accused persons are ready then said polygraph test can be made by Investigating officer but same has not been done and only prolong the matter by investigating officer and report has not been submitted under section 173(2) of Cr.p.c., whereas near about more than four years time have been expired from lodging the first information report and investigating officer is not in position to submit the report because of reason sufficient evidence are available in the case diary made against the accused persons, which has been collected by earlier Investigating officer namely Narendre kumar. Copy of the application moved by Manju wife of Dhara Singh dated 11.04.2022, upon which, order passed by respondent NO.2 dated 11.04.2022, is being filed herewith and marked as Annexure No.1 to this affidavit.

6. That Contents of the paragraph No. 4 of the affidavit, are not correct, in reply, it is submitted, it is well settled law that accused cannot asked to do investigation in particular manner, in this case, Investigating officer have been changed on the behest of the request made by accused persons, they have moved application for polygraph test of the first informant, then they have no right to ask for conducting an enquiry in a particular manner and option is already available to the Investigating officer, if accused are ready for their polygraph test, then their polygraph can be made, basis of which report can be submitted but investigation ought to have been completed, further be submitted that First Information Report has been registered against accused persons under section 302,201,506 IPC and proceedings have been initiated against them under section 82 of Cr.p.c. but till date neither they have surrendered before the court concerned and nor they have been arrested by the Police Personnel and their Bail have been granted by any competent court and nor any protection have been granted in their favor by any competent court, thus, it is made clear, police personnel are fully collusive with accused persons and making investigation on behest of particular direction given by them."

7. Learned counsel for petitioner states that the polygraph test etc. of the informant was being done under some pressure.

8. From the entire record, we are of the considered view that the police is proceeding in the manner as is required to ascertain the truth hence no interference from this Court is required. If the polygraph test of the accused is done, then it may be used by the police for further investigation and if the informant is not getting the polygraph test done, then the law may take its own course.

9. No interference is required, the writ petition is dismissed.

10. If still delay is being caused in the investigation, it would be open to the petitioner to approach the Court again. Order Date :- 28.4.2025 Akbar (Madan Pal Singh,J.) (Siddhartha Varma,J.) MOHAMMAD AKBAR High Court of Judicature at Allahabad