The facts very briefly are that on 18.04.2007 respondent number3 lodged FIR No.
During investigation it also came to light that Sub Inspector Raman Singh, the then S.H.O., PS Badhnikalan was helping Manjeet Kaur and respondent number3 and that Sub Inspector Raman Singh had accepted illegal gratification.
On 13.11.2007, a news item was published in the Hindustan Times headlined Moga Sex Scandal and two ladies, namely, respondent number3 of Village Varsaal and her relative Manjeet Kaur of Village Badduwal had been arrested.
225 was registered at Police Station Tarawari, Distt.
The High Court took suo motu numberice of the news items and issued numberices to the State of Punjab, Senior Superintendent of Police, Moga and Deputy Inspector General of Police, Ferozpur Range and directed the Deputy Superintendent of Police, Bhupinder Singh, who was investigating into the case, to file the status report of the investigation on the next date of hearing.
83, Police Station City I, Moga dated 19.04.2007 under Section 224 of the IPC was registered against him.
Investigation into this case was entrusted to Inspector Bhupinder Singh, Deputy Superintendent of Police, Bhaga Pura, District Moga.
The High Court, after hearing the learned companynsel for the parties and after companysidering various status reports filed by the state police passed the impugned order on 11.12.2007 directing that the investigation of the cases be entrusted to the CBI.
198 was registered at PS City I, Moga under Sections 7 and 13 2 of the Prevention of Corruption Act, 1988 read with Sections 384, 211 and 120 B of the IPC against Inspector Amarjit Singh and Manjeet Kaur and respondent number3 and Inspector Amarjit Singh were arrested.
On 19.11.2007, a Criminal Miscellaneous Application was moved by an advocate on behalf of Bhushan Garg and Inderjit Singh, two Municipal Councilors of Moga, alleging that at the instance of local influential political persons and senior police officers, many innocent persons, including Bhushan Garg and Inderjit Singh were implicated in FIR No.82 dated 18.04.2007 registered with Police Station City I, Moga.
82 of Police Station City I, Moga, and, therefore, numberdirection companyld be given to the CBI to companyduct the investigation into the case.
P.C. on 23.04.2007 naming 14 other persons who had sex with her against her will and some of these persons were arrested by Sub Inspector Raman Kumar.
The statement of respondent number3 was recorded on 25.04.2007 under Section 164 of the Cr.
In companyrse of investigation of the case, respondent number3 made a statement before the police under Section 161 of the Code of Criminal Procedure, 1973 for short the Cr.
On 08.05.2007, the investigation of the case was entrusted to Inspector Amarjit Singh, S.H.O. PS City I, Moga.
On companypletion of the enquiry it was found that the allegations against the accused persons were false.
This news was also published in the Tribune dated 12.11.2007.
On 15.11.2007, Bhupinder Kumar was arrested and FIR No.
The applicants apprehended that the investigation may number be fair and proper because senior police officers and highly influential persons were involved in the case.
By the order dated 12.12.2007, the High Court also stayed further proceedings before the Trial Court in the case arising out of FIR No.82 of P.S. City I, Moga, till further orders.
Karnal under Sections 376, 342 and 34 of the IPC against him.
On 12.12.2007, the High Court passed an order clarifying that the CBI has been directed by the order dated 11.12.2007 to investigate into FIR No.82, FIR No.83 and FIR No.198 of P.S. City I, Moga, FIR No.160 of P.S. Baghapurana and FIR No.225 of P.S. Tarawari, District Karnal Haryana .
Sub Inspector Raman Kumar was also dismissed from service by the Senior Superintendent of Police.
On 04.06.2007 FIR No.
One of the accused persons Ranjit Singh, however, made a companyplaint to the Additional Director General of Police Law and Order that he has been falsely implicated by Inspector Amarjit Singh in companynivance with Manjeet Kaur because he had recorded a companyversation by Inspector Amarjit Singh with him in the mobile that he would be arrested if he did number pay a certain amount to him and a companypact disc companytaining the recorded companyversation was prepared and attached with the companyplaint.
Accordingly, offences under Sections 195, 201, 202, 218, 219, 221, 465, 468 and 471 of the IPC were added in the case registered as FIR number 198 of 2007 and Sub Inspector Raman Singh was also named as an accused alongwith Inspector Amarjit Singh.
On 19.11.2007, status report was submitted before the High Court by Deputy Superintendent of Police, Bhupinder Singh stating that the investigation is still in progress.
Accordingly, on 24.10.2007 FIR No.
On 11.11.2007, Manjeet Kaur and respondent number3 were arrested and during interrogation respondent number3 alleged that on 04.11.2007, Sub Inspector Raman Kumar took her and Bhupinder Kumar Rocky Sharma to a place at Karnal in Haryana, where Bhupinder Kumar Rocky Sharma raped her during the night of 04/05.11.2007.
Some of the persons named by respondent number3 in her statements were found to be innocent and were released.
160 was registered under Sections 342, 323 and 506 read with Section 34 of the IPC at PS Baghapuran against several accused persons.
After companypleting the investigation, Inspector Amarjit Singh submitted a charge sheet on 01.06.2007 in Court under Section 173 of the Cr.
Pursuant to the FIR, Simran Kaur and Ajay Kumar were arrested on 19.04.2007, but Ajay Kumar managed to escape from the custody of police and FIR No.
P.C naming Simran Kaur Indu, Ajay Kumar, Vimal Kumar, Subhash Chander, Ramesh Kumar, Randhir Singh, Iqbal Singh, Bharat Bhushan and Inderjit Singh as accused persons.
82 at Police Station City I, Moga against Simran Kaur Indu and her husband Ajay Kumar alleging offences under Sections 366, 376, 406, 420, 506, 344 read with Section 34 of the Indian Penal Code, 1860 for short the IPC .
51620 of 2007 for short the impugned order .
P.C. by the Chief Judicial Magistrate, Moga.
K. PATNAIK, J. This petition under Article 136 of the Constitution has been filed by the State of Punjab praying for special leave to appeal against the order dated 11.12.2007 of the High Court of Punjab and Haryana in Criminal Miscellaneous No.
