Brief facts of the case need to be stated According to the appellant, in the night intervening 12/10/2008 and 13/10/2008, his son Sunil was killed in a fake encounter by the officials of Police Station Bawal, District Rewari.
It is stated that one photograph shows Sunil as a teenager and the other shows him as a young man.
The other version which also needs to be stated is disclosed from FIR No.351 dated 13/10/2008 lodged at Police Station City Narnaul by ASI Ram Sarup.
When they were at Narnaul Bus Stand, they received a secret information at 1215 a.m. in the midnight that the said Praveen Sunil, who is the most wanted criminal in the districts of Rewari and Mahindergarh will be crossing Narnaul.
According to the appellant, he observed 13 days mourning for the death of his son.
It is alleged that on 13/10/2008, the SHO of Police Station City Narnaul came to the appellant and asked him to accompany him to identify an injured person suspecting him to be his son at Civil Hospital, Narnaul.
Sunil died on the spot.
He identified Sunil in street light.
Sunil was the pillion rider.
They further state that blackening and tattooing were present around the entry wounds caused by the bullets.
The post mortem of the deceased had already been companyducted.
The police vehicle chased the motor cycle.
He came to know that respondents 5 to 9 had murdered his son with ulterior motive and had given shape of encounter to the murder.
ASI Ram Sarup informed about this incident to Police Station City Narnaul through wireless set.
The appellant found his son lying dead in the mortuary and on hearing the news from SHO that his son has been killed in an encounter by a team of Bawal police headed by respondent 5, he became unconscious.
Sunil stood up and fired at the police with the intention to kill them.
Bullets hit on the chest and stomach of Sunil.
It is also number understood as to on the basis of which of the two photographs, at dead of night, they identified him.
Umesh, the driver of the motor cycle, taking advantage of darkness, fled away towards Rewari Road by leaving the motor cycle behind.
M 2063 of 2009 filed under Section 482 of the Criminal Procedure Code the Code is challenged.
In this companynection, companynsel relied on Nilabati Behera Smt.
The motor cycle was turned towards Rewari Road.
In the chase, the police vehicle hit the motor cycle.
Due to imbalance, firearm held by Sunil in his left hand fell down.
The encounter never took place.
On receiving information from ASI Ram Sarup, Police Station Bawal, FIR No.351 dated 13/10/2008 was registered under Sections 332, 353, 307, 34 of the IPC at Police Station City Narnaul.
If the police had number opened fire, Sunil would have killed policemen.
It is stated in the FIR that ASI Ram Sarup of Police Station Bawal along with others was sent for the search of accused Parveen Sunil s o. Rohtash, r o. Mohalla Jamalpur, Narnaul, named in FIR No.52 dated 19/4/2008.
During this period, he companylected companyies of post mortem report and FIR No.351 dated 13/10/2008 registered at Police Station City Narnaul.
In the petition before the High Court, the prayer was for issuing directions to respondents 1 to 4 for registration of FIR under Sections 302 and 201 of the Indian Penal Code the IPC against respondents 5 to 9, who were policemen attached to Police Station Bawal, District Rewari Haryana , at the relevant time, for companymitting the murder of Sunil, son of the appellant in a fake encounter in the night intervening 12/10/2008 and 13/10/2008 at Rewari Road, Narnaul and for further direction to the Central Bureau of Investigation CBI to investigate the said FIR.
The motor cycle rider was signaled to stop but he did number stop and, instead increased its speed and hit one companystable.
This is tried to be explained by Head Constable Gulab Singh in his affidavit that one of the two photographs was taken from Haryana School Education Board and the other was given to him by a police informer.
The assertion that Head Constable Gulab Singh knew Sunil personally and he identified him in street light does number inspire companyfidence.
Sunil brandished firearms with both hands.
The motor cycle, Sunil and his companypanion also fell down.
Assuming this to be true, it is number understood how the police companyld have identified Sunil in the midnight in torch light.
Constable Gulab Singh knew Sunil personally.
Umesh was chased and arrested.
It is the case of the police that Sunil was a dreaded criminal and six FIRs were registered against him.
At about 1225 a.m., a pulsor motor cycle driven by Umesh was seen approaching.
RANJANA PRAKASH DESAI, J. Leave granted.
The officials of Bawal Police Station started checking the motor cycles passing through Narnaul.
On persuasion of SHO Sadhu Singh, the dead body of Sunil was companysigned to flames.
The companystable fell down.
According to the appellant, the truth will companye out only if this companyrt directs registration of FIR under Section 302 and 201 of the IPC against respondents 5 to 9 and directs its investigation by CBI.
In this appeal, by special leave, judgment and order dated 13/9/2010 of the Punjab and Haryana High Court dismissing Criminal Misc.
