Case BriefsHigh Courts

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]

Case BriefsHigh Courts

Punjab and Haryana High Court: In the Haryana Judicial Services Preliminary exam paper leak controversy, the 3-judge bench of Rajesh Bindal, Tajan Gupta and GS Sandhawalia, JJ, has constituted a 3-member Special Investigating Team comprising of Ravi Kumar Singh, IPS, Superintendent of Police (Crime and Investigation); Krishan Kumar, Deputy Superintendent of Police (Security & Operation) and Inspector Poonam Dilawari.

Earlier, the counsel appearing for the High Court had urged before the Court that if the investigation is to be done by a Special Investigating Team then it should be done by senior officers only. Hence, the Court had, on 15.09.2017, asked Randeep Singh Rai, Public Prosecutor, UT Chandigarh to furnish a list of senior officers who can be a part of the SIT.  Consequently, Tejinder Singh Luthra, Director General of Police, U.T., Chandigarh, appeared in person and he, along with Randeep Singh Rai, submitted a list of officers.

On 15.09.2017, the Court had also suspended Dr. Balwinder Sharma, Registrar (Recruitment) after the Recruitment/Promotion/ Court Creation Committee (Subordinate Judicial Services) of the Punjab and Haryana High Court, submitted in it’s report that there was, prima facie, material suggesting that he was involved in the paper leak as there were total 760 calls and SMSs exchanged between Dr. Balwinder Sharma and Sunita, one of the canditates who has allegedly leaked the paper, during last one year.

On 14.09.2017, the Punjab and Haryana High Court issued a public notice stating that it has scrapped the Haryana Judicial Services Preliminary Exam held on 16.07.2017 in the light of the paper leak allegations. The date of re-exam will be notified soon. [Suman v. State of Haryana, CRM-M No.28947 of 2017, order dated 18.09.2017]