CWP-2704- IN THE HIGH COURT OF PUNJAB AND HARYANA (282) Vinay Kumar Bajaj and others State of Punjab CORAM: Present: KULDEEP TIWARI 1. Constitution of India transferring and to entrust dated 01.01.2018, under Sections 307, 323, 324, 452, 148 and 149 of the IPC, 1860, registered at Police Station Guru Har Sahai, District Ferozepur independent agency like Central Bureau of Investiga Police. 2. case, there was MLA, therefore, the investigation has been conducted in a rather the investigation has main culprit can be saved 3. hereinafter extracted order upon the instant petition : -2018 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Vinay Kumar Bajaj and others Versus Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Padamkant Dwivedi, Advocate for the petitioners. Mr. Teevar Sharma, AAG, Punjab. Mr. J.S. Gill, Advocate and Mr. Parambir Singh, Advocate for respondent No.4. **** KULDEEP TIWARI, J.(ORAL) Through the instant petition, cast under Article 226 of the Constitution of India, a prayer is made for transferring and to entrust the investigation in case FIR No.02 (Annexure P dated 01.01.2018, under Sections 307, 323, 324, 452, 148 and 149 of the IPC, 1860, registered at Police Station Guru Har Sahai, District Ferozepur independent agency like Central Bureau of Investiga Learned counsel for the petitioner was a brutal attack by the henchmen of the son of the then sitting , therefore, the investigation has been conducted in a rather the investigation has not been conducted in main culprit can be saved. This Court, vide order dated 12.03.2025, had passed the hereinafter extracted order upon the instant petition : 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2704-2018 (O&M) Date of Decision : 27.03.2025 …Petitioners Versus ...Respondents KULDEEP TIWARI Advocate Teevar Sharma, AAG, Punjab. Mr. Parambir Singh, Advocate for respondent No.4. Through the instant petition, cast under Article 226 of the , a prayer is made for issuance of a mandamus, for the investigation in case FIR No.02 (Annexure P dated 01.01.2018, under Sections 307, 323, 324, 452, 148 and 149 of the IPC, 1860, registered at Police Station Guru Har Sahai, District Ferozepur, to an independent agency like Central Bureau of Investigation, except the Punjab Learned counsel for the petitioners submits that in the instant brutal attack by the henchmen of the son of the then sitting , therefore, the investigation has been conducted in an impartial manner, been conducted in such a manner, so that the This Court, vide order dated 12.03.2025, had passed the hereinafter extracted order upon the instant petition :- Through the instant petition, cast under Article 226 of the issuance of a mandamus, for the investigation in case FIR No.02 (Annexure P-2) dated 01.01.2018, under Sections 307, 323, 324, 452, 148 and 149 of the IPC, , to an , except the Punjab in the instant brutal attack by the henchmen of the son of the then sitting partial manner, such a manner, so that the This Court, vide order dated 12.03.2025, had passed the MANPREET SINGH 2025.04.01 11:57 I attest to the accuracy and authenticity of this order/judgment CWP-2704- 4. Director, Bureau of Investigation, vide order dated 20.03.2025, has constituted -2018 (O&M) “This Court vide order dated 09.01.2025, passed the hereinafter extracted order: “1. In deference to the directions issued by this Court on 07.01.2025, Mr. Ranjit Singh Dhillon, IPS, Head of the S.I.T. concerned, has recorded his personal appearance before this Court. He has informed this Court that, further investigation in the present FIR is underway and it will be concluded within two months positively. 2. List on 27.03.2025. 3. On the subsequent date of hearing, a status report with regard to investigation be filed b 4. The personal appearance of the officer is exempted till further orders.” The applicants/petitioners have moved the instant applications citing apprehension, that since the previous head of the SIT, has superannuated on 31.01.2025, and now a new SIT which has been constituted, consisting of the same very officer, who was the SSP, Ferozepur on 26.12.2017, at the time when the incident in question took place. Therefore, they have apprehension that now the investigation which was heading i derail. Though this Court, at this stage, is not making any observations with regard to the apprehension raised by applicants/ petitioners, however, to maintain the faith and transparency of an individual into the investigation process, it directed to the learned State counsel to have apt instructions from the Director, Bureau of Investigation to constitute an SIT of some senior and responsible officer, preferably officer(s) posted outside the District Ferozepur. Adjourned to 27.03.2025, the date already fixed in the main case.” In deference to the directions (supra), passed by this Court, the Director, Bureau of Investigation, vide order dated 20.03.2025, has constituted 2 order dated 09.01.2025, passed the hereinafter extracted order:- “1. In deference to the directions issued by this Court on 07.01.2025, Mr. Ranjit Singh Dhillon, IPS, Head of the S.I.T. concerned, has recorded his personal appearance has informed this Court that, further investigation in the present FIR is underway and it will be concluded within two months positively. 3. On the subsequent date of hearing, a status report with regard to investigation be filed before this Court. 4. The personal appearance of the officer is exempted till The applicants/petitioners have moved the instant applications citing apprehension, that since the previous head of the SIT, has superannuated on 31.01.2025, and now a new SIT which has been constituted, consisting of the same very officer, who was the SSP, Ferozepur on 26.12.2017, at the time when the incident in question took place. Therefore, they have apprehension that now the investigation which was heading in a right direction, may Though this Court, at this stage, is not making any observations with regard to the apprehension raised by applicants/ petitioners, however, to maintain the faith and transparency of an individual into the investigation ocess, it directed to the learned State counsel to have apt instructions from the Director, Bureau of Investigation to constitute an SIT of some senior and responsible officer, preferably officer(s) posted outside the District Ferozepur. 3.2025, the date already fixed in the In deference to the directions (supra), passed by this Court, the Director, Bureau of Investigation, vide order dated 20.03.2025, has constituted order dated 09.01.2025, passed the “1. In deference to the directions issued by this Court on 07.01.2025, Mr. Ranjit Singh Dhillon, IPS, Head of the S.I.T. concerned, has recorded his personal appearance has informed this Court that, further investigation in the present FIR is underway and it will be 3. On the subsequent date of hearing, a status report with 4. The personal appearance of the officer is exempted till The applicants/petitioners have moved the instant applications citing apprehension, that since the previous head of the SIT, has superannuated on 31.01.2025, and now a new SIT which has been constituted, consisting of the same very officer, who was the SSP, Ferozepur on 26.12.2017, at the time when the incident in question took place. Therefore, they have apprehension that now the n a right direction, may Though this Court, at this stage, is not making any observations with regard to the apprehension raised by applicants/ petitioners, however, to maintain the faith and transparency of an individual into the investigation ocess, it directed to the learned State counsel to have apt instructions from the Director, Bureau of Investigation to constitute an SIT of some senior and responsible officer, preferably officer(s) posted outside the District Ferozepur. 3.2025, the date already fixed in the In deference to the directions (supra), passed by this Court, the MANPREET SINGH Director, Bureau of Investigation, vide order dated 20.03.2025, has constituted 2025.04.01 11:57 I attest to the accuracy and authenticity of this order/judgment CWP-2704- SIT of following members : 1. Mr. P.K. Sinah, IPS, 2. Mr. Swapan Sharma, IPS, DIG, Ferozepur, 3. Mr. Ajay Raj Singh, PPS, SPD, Taran Tarn 5. stage, this Court is of the considered view that no further direction is required to be passed in the instant disposed of investigation, within a period of four months from the date of receipt of certified copy of this order/judgment, as the FIR, in question, was registered way back on dated 30.12.2018. 6. Director, Bureau of Investigation, shall file its final report time frame, 7. final report, which would be submitted by the SIT concerned, before the learned Illaqa Magistrate Magistrate concerned 8. March 27, 2025 Manpreet -2018 (O&M) SIT of following members :- Mr. P.K. Sinah, IPS, ADGP/NRI, Punjab, SAS Nagar Mr. Swapan Sharma, IPS, DIG, Ferozepur, Range Ferozepur Mr. Ajay Raj Singh, PPS, SPD, Taran Tarn (answering deponent) Since the SIT of ADGP has been constituted, therefore, at this stage, this Court is of the considered view that no further direction is required to be passed in the instant lis. Consequently, the instant writ petition is disposed of, with a mandamus upon the SIT concerned, to conclude the investigation, within a period of four months from the date of receipt of certified copy of this order/judgment, as the FIR, in question, was registered way back on dated 30.12.2018. It is expected that the SIT concern Director, Bureau of Investigation, shall file its final report before the learned Illaqa Magistrate concerned. In case, the petitioners fetch final report, which would be submitted by the SIT concerned, before the learned Illaqa Magistrate, they would be at liberty to approach the learned Magistrate concerned by filing apt motion. Pending applications, if any, stand , 2025 Whether speaking/reasoned Whether reportable 3 ADGP/NRI, Punjab, Chairman Mr. Swapan Sharma, IPS, DIG, Ferozepur, Member Mr. Ajay Raj Singh, PPS, SPD, Taran Tarn Member Since the SIT of ADGP has been constituted, therefore, at this stage, this Court is of the considered view that no further direction is required Consequently, the instant writ petition is he SIT concerned, to conclude the investigation, within a period of four months from the date of receipt of certified copy of this order/judgment, as the FIR, in question, was registered the SIT concerned, as constituted by the Director, Bureau of Investigation, shall file its final report within the above before the learned Illaqa Magistrate concerned. any grievance with regard to the final report, which would be submitted by the SIT concerned, before the would be at liberty to approach the learned Pending applications, if any, stand disposed of accordingly. (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No Since the SIT of ADGP has been constituted, therefore, at this stage, this Court is of the considered view that no further direction is required Consequently, the instant writ petition is he SIT concerned, to conclude the investigation, within a period of four months from the date of receipt of certified copy of this order/judgment, as the FIR, in question, was registered constituted by the within the above any grievance with regard to the final report, which would be submitted by the SIT concerned, before the would be at liberty to approach the learned MANPREET SINGH 2025.04.01 11:57 I attest to the accuracy and authenticity of this order/judgment