CRM-M-13476-2025(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 123 CRM-M-13476-2025(O&M) Decided on : 30.04.2025 Anjali Rohilla . . . Petitioner Versus State of Punjab and others . . . Respondents CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. P.K. Rohilla, Advocate for the petitioner. Mr. Kanwar Sanjiv Kumar AAG, Haryana. **** SANJAY VASHISTH , J. (Oral) 1. Present petition has been filed under Section 528 of BNSS, seeking issuance of directions to official respondents to conduct fair and impartial investigation in case FIR No.0132 dated 09.12.2024, under Section 106 of BNS, 2023, registered at Police Station City-2, Abohar, from some higher police official or by any other independent investigating agency. 2. Learned counsel for the petitioner argues that petitioner’s husband namely, Sudhir Rohilla died in a road side accident, which happened on 09.12.2024 and resultantly FIR No.132 dated 09.12.2024 was registered under Section 106 BNS, registered at Police Station City -2, Abohar, District Fazilka against one accused namely, Dhanraj s/o Raj Kumar, who was driving the offending tractor (registration number of offending vehicle not mentioned in FIR). 3. As per version given in the FIR, complainant was conveyed about the involvement of the tractor and the name of the driver of the tractor RASHMI 2025.05.01 19:08 I attest to the accuracy and integrity of this document CRM-M-13476-2025(O&M) 2 by some unknown person, who used the mobile phone of her husband Sudhir Rohilla on the spot of accident. 4. While referring to the photographs (P-2), appended with the petition, learned counsel for the petitioner argues that direct involvement of the tractor in the accident can be noticed, which has been taken from CCTV Footage. Counsel also argues that neither the named accused -Dhanraj has been arrested; nor the tractor has been taken in possession by the Investigating officer. 5. In the status report filed by the State, it has been mentioned that three days after the accident and the registration of the FIR, Raj Kumar, son of Ram Achal, who is father of the named accused Dhanraj, submitted an application bearing No. 4873-PGD-PC dated 12.12.2024 to the Senior Superintendent of Police, Fazilka, pleading the innocence of the accused Dhanraj and requesting an investigation into the matter. Thereafter, an investigation was conducted, and as per the investigation report No. 1958-PC-ASD dated 03.01.2025 (R-1), it was concluded that the death of Sudhir Rohilla did not occur because of the tractor, but rather due to a Pulsar motorcycle, which was being driven at high speed, rashly, and negligently. The Pulsar motorcycle hit the motorcycle on which the victim, Sudhir Rohilla, was riding. As a result of the impact, the victim fell on the flyover road, in the space between the tractor and the trolley, and was subsequently crushed to death under the trolley's tyres. Both motorcyclists fled from the scene. RASHMI 2025.05.01 19:08 I attest to the accuracy and integrity of this document CRM-M-13476-2025(O&M) 3 The details given in the status report in paragraph No. 6 is reproduced hereunder: “6.That during the investigation, Raj Kumar son of Ram Achal moved an application (No.4873-PGD-PC dated 12.12.2024) to the S.S.P., Fazilka, pleading innocence of the accused Dhanraj, requested for conducting investigation into the matter deeply. The said application was marked to the D.S.P., Abohar. for investigation. During the investigation conducted by the deponent, the accused Dhanraj was found innocent. The investigation report No.1958-PC-ASD dated 03.01.2025 submitted by the deponent, was approved by the S.S.P., Fazilka. The copy of the Report dated 03.01.2025 is annexed herewith as Annexure R-1. The facts of the investigation are as under: - a. That the victim Sudhir Rohilla now deceased (who belonged to Jind, Haryana) was working in Gopi Chand Arya Mahila College, Abohar as Asstt. Professor and on the day of occurrence i.e. 09.12.2024 the victim Sudhir Rohilla was going to the said College from Bus Stand, Abohar. On the way, the victim Sudhir Rohilla took lift from a motor  Cyclist and when their motor cycle was crossing over the flyover on Abohar to Hanumangarh road, at the same time, a tractor-trolley loaded with bricks was also going on the fly over towards the same side. Further, another motor cycle (Pulsar black colour) was also going on the fly over towards the same side, i.e. both the motor cycles including the motor cycle on which the victim was riding as pillion rider and the said tractor trolley were crossing the fly over (Hanumangarh road) and going towards Hanumangarh side at the same time. b. That the driver of the Pulsar motor cycle was driving his motor cycle speedily, rashly and negligently which hit the motor cycle on which the victim Sudhir Rohilla was going and the victim Sudhir Rohilla fell on the road of fly over, between the space of Tractor and Trolley and the victim was crushed to death under the tyres of the trolley. Both the motor cyclists ran away from the spot. c. During the investigation, it was found that the occurrence took place due to the rash and negligent driving of the Pulsar motor cycle by its driver. The accused Dhanraj (i.e. driver of the tractor trolley) was found innocent and the driver of the Pulsar motor cycle was found guilty.” 6. As explained and noticed that accident in question took place approximately four months back and till date neither investigation has been completed; nor the concerned accused has been arrested, it is also observed that the FIR was registered on 09.12.2024 and the investigation is still RASHMI 2025.05.01 19:08 I attest to the accuracy and integrity of this document CRM-M-13476-2025(O&M) 4 ongoing; however, the accused, who is involved in the accident has not been arrested till date. Since, this is a matter under investigation and requires supervision of the investigative process, the same shall be guided by the principles of law laid down by the Hon’ble Apex Court in Sakiri Vasu v. State of U.P., 2008 (1) RCR (Criminal) 392." 7. In view of the above circumstances, the petitioner is at liberty to file an appropriate application, along with a copy of this order, before the Court of the Area Magistrate, who shall also examine other relevant aspects in accordance with the guidelines laid down by the Hon’ble Apex Court. It is also clarified that the investigation shall be expedited by the Investigating Agency. Learned Magistrate shall also examine whether any padding or unnecessary delay has been caused by the investigating officer. 8. With the aforementioned observations, present petition is disposed of. (SANJAY VASHISTH) JUDGE April 30, 2025 rashmi Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No RASHMI 2025.05.01 19:08 I attest to the accuracy and integrity of this document