Case Note & Summary
The case arises from the murder of Smt. Seema Garg, daughter-in-law of petitioner No.1, and her two children on 24.07.2001. FIR No.221 of 2001 was lodged at Police Station Pilakhwa, District Ghaziabad, U.P. under Sections 302/394 IPC. After investigation, the police filed a final report against Nitin Garg (husband of Seema Garg), Manveer @ Mintoo, and Mukesh for offences under Sections 302, 109 read with Section 34 IPC. During trial, Nitin Garg was murdered. The Trial Court acquitted Manveer and Mukesh on 16.10.2004, observing that the investigation was not carried on properly. The petitioners filed a writ petition seeking court-monitored investigation/SIT to re-investigate FIR Nos.221 of 2001 and 228 of 2002. This Court by order dated 8.2.2018 rejected the prayer for re-investigation of FIR No.228 of 2002 but directed constitution of a SIT for re-investigation of FIR No.221 of 2001, appointing Shri M.L. Sharma, IPS (retired) as Chairman. The SIT filed its report on 8th February, 2018, finding that accused Manveer and Mukesh were involved in the murders at the behest of Nitin Garg pursuant to a criminal conspiracy. The SIT noted that the charge sheet filed by the local police was consistent with its findings. The SIT also recommended departmental action against IO Puran Singh Mehra for lack of professional rigour and an enquiry by the Director, CBI into allegations against the CBI investigation team. The petitioners raised objections, contending that the SIT failed to investigate certain aspects. The Court, after hearing the petitioners and perusing the SIT report and objections, directed the CBI to look into the SIT report and take a decision. The writ petition was disposed of accordingly.
Headnote
A) Criminal Procedure - Re-investigation - Special Investigation Team (SIT) - Constitution of SIT for re-investigation of FIR No.221 of 2001 - Court directed SIT to re-investigate the murder of Seema Garg and her two children - SIT filed report confirming involvement of accused Manveer and Mukesh at the behest of Nitin Garg - Court directed CBI to examine the SIT report and take appropriate action (Paras 5-8). B) Criminal Procedure - Professional Misconduct of Investigating Officer - IO Puran Singh Mehra - SIT recommended departmental action against IO for lack of professional rigour - Court directed Government of Uttar Pradesh/DGP to initiate departmental action (Para 11.4). C) Criminal Procedure - CBI Investigation - Allegations against CBI investigation team - SIT recommended enquiry by Director, CBI - Court directed Director, CBI to cause an enquiry (Para 11.5).
Issue of Consideration
Whether the SIT's re-investigation of FIR No.221 of 2001 was adequate and whether further directions are required for the CBI to examine the SIT report.
Final Decision
The Court directed the CBI to look into the report of the SIT and take a decision in the matter. The writ petition was disposed of in the aforesaid terms.
Law Points
- Re-investigation
- Special Investigation Team
- Fair investigation
- Professional misconduct of investigating officer
