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High Court of Punjab and Haryana · body

2017 DAILYLAW 3624 (PNJ)

GURMAIL KAUR v. STATE OF HARYANA AND ORS

CRM-M/26070/2017 · 2026-09-02

Jasjit Singh Bedi

body2017

Judgment text

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH 273 CRM-M-26070-2017 (O&M) Date of Decision:- 02.09.2026 GURMAIL KAUR ......PETITIONER VS. STATE OF HARYANA AND ORS .....RESPONDENTS CORAM:-HON'BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. Atul Goyal, Advocate for the petitioner. Ms. Diya Sodhi, Sr. DAG, Haryana. **** JASJIT SINGH BEDI , J.(ORAL ) 1. The prayer in the present petition under Section 482 of the Cr.P.C. is for the issuance of directions to transfer the investigation in FIR No.235 dated 04.07.2016 under Section 302 IPC registered at Police Station Rania, District Sirsa to any other competent competent agency. 2. The learned counsel for the petitioner contends that the investigation in the present case has not been conducted in a fair and impartial manner. In fact, the petitioner, who is the sister of the deceased-Dayal Singh, has herself collected evidence and handed it over to the investigating agency, but no proper investigation has been conducted, even after the petitioner has collected material and supplied the same to the police. The various affidavits filed by different police officers would show that the investigation has been conducted in a perfunctory manner. It is a case where the deceased has been murdered by his wife Sandeep Kaur and her paramour Harvinder Singh. Therefore, the investigation be handed over to the CBI or to a Senior officer of the State of Punjab. KUSUM 2026.09.03 17:26 I attest to the accuracy and integrity of this document PHHC Chandigarh CRM-M-26070-2017 (O&M) -2- 3. The learned State counsel, on the other hand, contends that the investigation has been conducted by various officers. Later, over a period of time, four separate SITs were constituted which conducted investigations, all of which have come to the conclusion that the wife of the deceased is not responsible for having committed the offence in question. At this stage, no useful purpose would be served by referring the investigation of the present case to the CBI, as 10 years have elapsed from the date of registration of the FIR. 4. I have heard learned counsel for the parties. 5. Admittedly, the investigation in the present case has been conducted by various police officials. Later, SITs were constituted from time to time. All the investigations have culminated in the exoneration of Sandeep Kaur, the wife of the deceased. 6. Be that as it may, in view of the facts and circumstances of the case, it would be appropriate to have the investigations conducted so far supervised by a senior officer. Therefore, respondent No.2/Director General of Police, Haryana, is directed to constitute an SIT headed by an IG level Officer who shall examine the matter and file an appropriate report in Court in accordance with law. 7. The same may be done within a period of 12 weeks. 8. Disposed of. 9. All the pending miscellaneous applications, if any, stand disposed of. (JASJIT SINGH BEDI) 02.09.2026 JUDGE Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No KUSUM 2026.09.03 17:26 I attest to the accuracy and integrity of this document PHHC Chandigarh