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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 ..... information, a criminal case was registered against some unknown persons by the police. During the course of investigation, the prosecution claimed that one Dalbir @ Dallu son of Dalip Singh (respondent No. 9) was arrested and he made the disclosure statement, which, in substance, is as under:-- "He and Jasbir @ Jassi @ Tochar S/o. Shiv Lal resident of Tosham (respondent No. 7) are friends and on 20.02.2014 said Jasbir contacted him telephonically and asked for his help for one Rakesh Chahal S/o. Ratan Singh resident of Tosham (respondent No. 8) and in lieu of this said Rakesh Chahal will get clear the loan of his vehicle which is under possession of the finance company for defaults in payments. Said Rakesh Chahal also talked with Dalbir and asked for his help in informing the updated locations of deceased Rakesh Malik as they want to murder him. Dalbir @ Dallu agreed with this and updated the location of deceased Rakesh Malik and Rakesh Malik was 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 wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shable under Sections 302, 120-B read with section 34 IPC & Section 25 of The Arms Act, by the police of Police Station Tosham, District Bhiwani, in the manner depicted here-in-above. 4. Having collected the material evidence and after completion of the investigation of the case, the police submitted the final police report (challan). Consequently, the accused were charge-sheeted for the commission of the indicated offences and the case was slated for evidence of the prosecution by the trial Court. 5. Aggrieved by the investigation, petitioner Anita Malik, widow of Rakesh Malik, has preferred the present petition to hand over the investigation of the case to CBI, invoking the provisions of section 482 Cr.P.C., inter-alia, pleading that since the deceased was a leader of BJP, so, the local police has not taken any action against accused Kiran Chaudhary, former Congress Cabinet Minister, Haryana, her daughter Shruti Chaudhary, Member of Parliament 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d legal notice (Annexure P16), in all, according to the petitioner that all the main accused having hatched a criminal conspiracy, committed the murder of her husband Rakesh Malik at the instance of respondent Nos. 11 and 12. On the strength of aforesaid allegations, the petitioner sought the CBI investigation in the manner as described here-in-above. 9. At the same time, the respondents have refuted the claim of petitioner. The official respondents No. 1 to 3 filed their reply, inter-alia pleading certain preliminary objections of maintainability of the petition, cause of action and locus standi of petitioner. Inter-alia, it was pleaded that initially, in fact, on receipt of information by ASI Balwant Singh, the instant case was immediately registered without any delay, vide impugned FIR (Annexure P4). The matter was duly investigated in a fair and impartial manner. The actual pointed accused have already been arrested. The disclosure 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 occ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers 2011(3) R.C.R.(Criminal) 694 : 2011(4) Recent Apex Judgments (R.A.J.) 190:2011 AIR (SC) (Crl.) 1699 relied on behalf of petitioner and K.V. Rajendran v. Superintendent of Police, CBCID South Zone, Chennai & Ors. 2013(4) R.C.R.(Criminal) 745 : 2013(6) Recent Apex Judgments (R.A.J.) 21: (2013) 12 SCC 480; Vinay Tyagi v. Irshad Ali alias Deepak and others 2013(2) R.C.R.(Criminal) 197:2013(2) Recent Apex Judgments (R.A.J.) 69 : (2013) 5 SCC 762; V.P. Patil v. State of Maharashtra through the Chief Secretary, General Administration Department & Ors. 2012(6) RCR (Criminal) 359; Ashok Kumar Todi v. Kishwar Jahan & Ors., 2011(2) RCR (Criminal) 145, Sakiri Vasu v. State of U.P., 2008(1) RCR (Criminal) 392 and Navin Chandra N. Majithia v. State of Maharashtra 2000(4) R.C.R.(Criminal) 30 : (2000) 7 SCC 640, referred on behalf of contesting respondents, is that power of transferring the investigation to the CBI must be exercised in rare 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, hones ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se a party has levelled some allegations against the local police. This extra-ordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national and international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise the CBI would be flooded with a large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations." 15. Such thus being the legal position and material on record, now the short and significant question, though important, which invites an immediate attention of this Court and arises for determination in the petition is, as to whether under these circumstances, 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 rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... istration had not taken any satisfactory action. Even they did not raise any accusing finger and there is not even a whisper that main accused had committed the murder of deceased at the instance of respondent Nos. 11 & 12. 19. Likewise, the petitioner in this regard has pressed into service the press reports dated 25.2.2014 in Bhaskar news (Annexures P7 & P9), mentioning therein the names of respondent Nos. 11 and 12, their photographs (Annexure P10) with the deceased, subsequent application dated 25.3.2014 (Annexure P15) given by brother of deceased to SDM and issuance of legal notice dated 9.4.2014 (Annexure P16) by respondent Nos. 11 and 12 to petitioner & brothers of the deceased. Again to me, the press reports and photographs are not at all relevant to refer the investigation to CBI in the absence of any cogent material on record in this direction, particularly when the police appears to have fairly conducted 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 fail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case/ground, muchless cogent, to refer the matter to CBI is made out under the present set of circumstances. On the contrary, if the matter is referred to CBI without any material on record, as urged on behalf of petitioner, then, not only that, it will inculcate and perpetuate injustice to respondent Nos. 11 and 12, at the same time, it will considerably delay the final disposal of the case against the main accused as well. 24. No other legal point, worth consideration, has either been urged or pressed by the learned counsel for the parties. 25. In the light of aforesaid reasons, taking into consideration the totality of the peculiar facts & special circumstances, emanating from the record, as discussed here-in-above and without commenting further anything on merits, lest it may prejudice the case of either side, during the course of trial of main case, as there is no merit, therefore, the instant petition is dismissed as such in the obtaining circumstance of the case. Needless to mention that in the course of trial, on the basis of the evidence if it appears to the trial Court that any person not being the accused in the trial has committed the offence and the case is made out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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