The Punjab and Haryana High Court recently directed the Central Bureau of Investigation (CBI) to probe the murder of a eight-year-old boy after the Haryana Police failed to find the culprits [Mustak vs. State of Haryana and others]..Justice Deepak Gupta said that the status reports filed by the State from time to time clearly indicated that despite constituting a Special Investigation Team, the Police had reached a dead end and was unable to crack the case.In these circumstances, the Court opined that the interest of justice demands that some expert agency like the CBI should be entrusted with the investigation of the case to reach the truth.“Investigation of the case is accordingly directed to be transferred to the CBI,” ordered the Court..The order was passed in a petition moved by the victim’s father for proper investigation in the case registered at the Mundkati police station in Palwal district. The petitioner, Mustak’s son Rizwan was kidnapped on December 23, 2021 when he had gone to a mosque in Sarai Khatela village. Few days later, his dead body was found in the fields of a village. The Court was told that the petitioner’s son had been murdered under a criminal conspiracy to get revenge by a person who had filed a criminal case against the petitioner in 2017..It was also submitted that during a Panchayat meeting held after Rizwan’s death, the names of certain suspects had been disclosed. However, despite informing the same to the police, no action was taken, the Court was told.The Palwal police, in its response, said that the suspects were joined in the investigation but nothing incriminating was found against them..Taking note of the submissions, the Court concluded that the police had failed to find the culprit. “It is neither the case of the respondents that death of Rizwan was natural nor this is the conclusion of the board of doctors, who conducted the postmortem examination. Thus, net result is that despite the fact that unnatural death of a minor boy named Rizwan, aged 8 years, has been caused, but investigating agencies have failed to crack the case,” Justice Gupta said.After considering the law laid down by the Supreme Court on the transfer of investigation, the Court found it appropriate to order the CBI to probe the murder.“Registry is directed to supply copy of the petition along with reply/affidavits of the respondents/State filed from time to time & the documents attached therewith, to the authorised officer of the CBI in presence of its Advocate,” the Court ordered..Advocate Abhinav Sood represented the petitioner.Deputy Advocate General Parveen Kumar Aggarwal represented the State of Haryana.Advocate Rajeev Anand represented the CBI..[Read Judgment]
The Punjab and Haryana High Court recently directed the Central Bureau of Investigation (CBI) to probe the murder of a eight-year-old boy after the Haryana Police failed to find the culprits [Mustak vs. State of Haryana and others]..Justice Deepak Gupta said that the status reports filed by the State from time to time clearly indicated that despite constituting a Special Investigation Team, the Police had reached a dead end and was unable to crack the case.In these circumstances, the Court opined that the interest of justice demands that some expert agency like the CBI should be entrusted with the investigation of the case to reach the truth.“Investigation of the case is accordingly directed to be transferred to the CBI,” ordered the Court..The order was passed in a petition moved by the victim’s father for proper investigation in the case registered at the Mundkati police station in Palwal district. The petitioner, Mustak’s son Rizwan was kidnapped on December 23, 2021 when he had gone to a mosque in Sarai Khatela village. Few days later, his dead body was found in the fields of a village. The Court was told that the petitioner’s son had been murdered under a criminal conspiracy to get revenge by a person who had filed a criminal case against the petitioner in 2017..It was also submitted that during a Panchayat meeting held after Rizwan’s death, the names of certain suspects had been disclosed. However, despite informing the same to the police, no action was taken, the Court was told.The Palwal police, in its response, said that the suspects were joined in the investigation but nothing incriminating was found against them..Taking note of the submissions, the Court concluded that the police had failed to find the culprit. “It is neither the case of the respondents that death of Rizwan was natural nor this is the conclusion of the board of doctors, who conducted the postmortem examination. Thus, net result is that despite the fact that unnatural death of a minor boy named Rizwan, aged 8 years, has been caused, but investigating agencies have failed to crack the case,” Justice Gupta said.After considering the law laid down by the Supreme Court on the transfer of investigation, the Court found it appropriate to order the CBI to probe the murder.“Registry is directed to supply copy of the petition along with reply/affidavits of the respondents/State filed from time to time & the documents attached therewith, to the authorised officer of the CBI in presence of its Advocate,” the Court ordered..Advocate Abhinav Sood represented the petitioner.Deputy Advocate General Parveen Kumar Aggarwal represented the State of Haryana.Advocate Rajeev Anand represented the CBI..[Read Judgment]