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TMI Blog2015 (2) TMI 1251X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 (7) TMI 1297 - BOMBAY HIGH COURT] and K.V. Rajendran's cases (2013 (8) TMI 1055 - SUPREME COURT). As indicated here-in-above, the police has fairly conducted the investigation, collected the material evidence and traced the motive of murder of Rakesh Malik. After completion of the investigation, the police has submitted the final police report (challan), the main accused were accordingly charge sheeted, the case was listed for evidence of prosecution and evidence in part has already been recorded by the trial Court. In that eventuality, in case some additional evidence would be available on record, then the Court is well within its jurisdiction to summon the additional accused, as postulated u/s. 319 Cr.P.C. Hence, the law laid down in the aforesaid judgments "mutatis mutandis" is applicable to the facts of the present case and is the complete answer to the problem in hand and the contrary submissions of learned counsel for petitioner "stricto sensu" deserve to be and are hereby repelled. Therefore, if the crux of the indicated material on record is put together, then to my mind, the conclusion is inescapable and irresistible that no case/ground, muchless cogent, to refer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as murdered. During investigation, Lakhjinder Kaur @ Jinder Kaur W/o. Rakesh Chahal (respondent No. 5) was interrogated and she disclosed that her husband Rakesh Chahal used to say that one Rakesh Malik (deceased) is having enmity with him and is harassing him and then we planned to eliminate him. Jasbir @ Jassi @ Tochar and Mandeep @ Motha both residents of Tosham (respondents No. 7 6 respectively) were hired/for this and Dalbir @ Dallu (respondents No. 9) provided the latest locations/whereabouts of the deceased Rakesh Malik. Upon this accused Jasbir @ Jassi @ Tochar was arrested and it was disclosed that Rakesh Chahal (accused) and Rakesh Malik (deceased) were not at good terms and Rakesh Malik has been murdered by Rakesh Chahal in conspiracy with his wife Lakhjinder and with the help of other accused Dalbir @ Dallu and Jasbir @ Jassi @ Tochar and Mandeep @ Motha. Said Rakesh Chahal (respondent No. 8), Mandeep @ Motha and one Shankar Sharma (respondent No. 10) were also arrested. 2. The specific motive alleged against the accused was that a criminal case was registered on the complaint of one Mangat Ram, relative of Rakesh Malik (deceased) against accused Rakesh Chahal, hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and Hari Singh Sangwan (respondent Nos. 11 to 13) respectively despite repeated requests/representation (Annexure P11) to the higher authorities on account of political rivalry. 6. Sequelly, the case set up by the petitioner, in brief in so far as relevant, is that till July, August, 2012, the deceased remained active supporter of respondent Nos. 11 and 12. He was very popular in Tosham, elected as Presidents of the Traders Association and Baba Mongippa Labour Union, Khanak. Subsequently, respondent Nos. 10 and 11 were worried about the growing mass base support of Rakesh Malik and they asked him to refrain from organizing public meetings. Consequently, the deceased had withdrawn from their party. Thereafter, respondents No. 11 and 12 started harassing him and asked Excise and Taxation Officer (in short ETO ), Bhiwani to conduct raid on the stone crushers owned by his family members. The proceedings of raid were stated to have been videographed in CD (Annexure P1) and its transcript (Annexure P2). The petitioner claimed that in the month of August, 2013, her husband had declared that he would contest the assembly election against Kiran Chaudhary (respondent No. 11). In the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statements of main accused were recorded in the presence of Executive Magistrate. The recoveries of vehicle, fire arms and cartridges used in the crime, have already been effected from them. Consequently, the entire material evidence of the main occurrence and evidence of motive of murder were also collected. During investigation, no involvement of respondent Nos. 11 to 13 was found. They have not been found guilty in the murder of Rakesh Malik in any manner. The allegations leveled in the present petition by the petitioner are false. The police has already submitted the final police report (challan) and main accused have already been charge sheeted accordingly by the trial Court. 10. Similarly, respondent Nos. 11 to 13 have also adopted the identical line of defence of official respondents in their respective replies. Instead of reproducing the entire contents of the replies and in order to avoid repetition suffice it to say that the contesting respondents have reiterated the investigation and the contents of the final police report (challan) submitted in the Court. It will not be out of place to mention here that they have stoutly denied all other allegations contained in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and exceptional cases, where the Court finds it necessary in order to do justice between the parties and to instill confidence in the public mind, or where the investigation by the State police lacks credibility and it is necessary for having a fair, honest and complete investigation particularly, when it is imperative to retain public confidence in the impartial working of the State agencies. At the same time, it was ruled that where the investigation has already been completed and charge sheet has been filed, ordinarily superior Courts should not reopen the investigation and it should be left open to the court, where the charge sheet has been filed, to proceed with the matter in accordance with law. Under no circumstances, should the court make any expression of its opinion on merit relating to any accusation against any individual/accused. It was also held that the High Court has vast powers to refer the matter to an independent agency under Articles 226/227 of the Constitution of India and Section 482 Cr.P.C., if exceptional case is made out, even after the submission of final police report (challan) in order to secure the ends of justice. However, despite wide powers while p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the investigation of the instant case should be referred to CBI or not in this relevant connection? 16. Having regard to the rival contentions of learned counsel for parties, to me, the answer must obviously be in the negative. 17. As is evident from the record that husband of the petitioner was active leader of BJP (now ruling party), whereas respondent No. 11 was a Congress Cabinet Minister and her daughter (respondent No. 12) was a Member of Parliament of Congress Party from State of Haryana at the relevant time of incident. The petitioner has sought the transfer of investigation of this case to CBI, mainly on the following grounds:- The first ground taken is that the ETO had conducted raid on the stone crushers impounded the trucks of brother of the deceased one year prior to the present occurrence and since the raid proceedings conversation between the ETO deceased were recorded in CD (Annexure P1) and its script (Annexure P2), so, it should be presumed that the murder of Rakesh Malik was committed by the main accused at the instance of Kiran Chaudhary (respondent No. 11) and her daughter Shruti Chaudhary (respondent No. 12). To my mind, this ground cannot possib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the investigation, arrested the main accused, collected the evidence and even traced the indicated motive to commit the murder of Rakesh Malik by the main arrested accused. 20. At the same time, it remained an unfolded mystery and the learned counsel has miserably failed to point out as to how, when and in what manner, the investigation was unfair, particularly when it is not disputed by the petitioner that the main arrested accused-respondent Nos. 5 to 10, have committed the murder of Rakesh Malik. Indisputably, the case of petitioner is that main arrested accused have committed the murder of Rakesh Malik at the instance of respondent Nos. 11 and 12. 21. Otherwise also, it is now well settled principle of law that the investigation cannot possibly be referred to CBI merely on the wish and sweet will of petitioner by leveling bald and unsubstantiated allegations against the police, unless and until, it is established that the local police has not conducted investigation in a proper manner, which is totally lacking in the instant case. Once the local police has conducted the investigation in a fair manner, collected the material evidence, submitted the final police report (cha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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