Completion of investigation without considering outcome of Forensic Science Laboratory cannot be considered a fair investigation

Punjab and Haryana High Court: This petition was filed before a Single Judge Bench of Daya Chaudhary, J., under Section 482 CrPC for transfer of investigation of an FIR registered under Section 306 IPC.

Facts of the case were such that petitioner was the mother of deceased who filed an FIR for the murder of deceased but the same was registered under Section 306 IPC. Petitioner was aggrieved by the fact that the case was not being investigated. Thus, petitioner prayed for the investigation to get a transfer to an officer of the rank of Superintendent of Police outside the jurisdiction where it was earlier being investigated or hand over of the investigation to an independent agency. Whereas respondent contended that investigation was being done fairly with continuous status report filed by the investigating officer.

High Court observed that according to the status report the investigation was complete and allegations alleged was not proved as a consequence of which cancellation report was also prepared. Court noticed the fact that the FIR was registered under Section 306 IPC without taking into consideration the outcome of FSL examination. Therefore, Court said that it is in the interest of justice to transfer the investigation of the case to the Special Investigating Team (SIT) under the supervision of the Superintendent of Police. [Neelam v. State of Haryana,2018 SCC OnLine P&H 2044, decided on 29-11-2018]

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