Avneesh Kumar @ Kala v. The State Of Punjab And Others

CRM-M-1478-2019(O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 253-2 CRM-M-1478-2019(O&M) Decided on : 30.07.2025 AVNEESH KUMAR @ KALA . . . Petitioner(s)

Versus

THE STATE OF PUNJAB AND OTHERS . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: None for the petitioner(s).

Mr. Luvinder Sofat, Sr. DAG, Punjab.

**** KIRTI SINGH , J. (Oral) The present petition under Section 482 of the Code of Criminal Procedure has been filed seeking transfer of the investigation in FIR No.107 dated 06.12.2018, registered under Section 365 of the IPC at Police Station Ghanaur, District Patiala (Annexure P-1), from Punjab Police, Patiala to the Central Bureau of Investigation (CBI), Chandigarh.

2.

Status report dated 29.07.2025 has been filed by learned State counsel in connected case No.CRM-M-8839-2020. Relying on the contents of the same, it is submitted that post the registration of the FIR, the then Superintendent of Police, Patiala, vide order dated 08.12.2018 constituted a Special Investigation Team (SIT) under the supervision of SP Investigation), Patiala, comprising of DSP Ghanaur, SHO Police Station Ghanaur and incharge CIA staff Patiala to investigate the present FIR. During further investigation, the half mutilated body KAVITA NAIN 2025.08.01 10:53 I agree to specified portions of this document

CRM-M-1478-2019(O&M) - 2of the deceased son of the complainant was recovered, whereafter, with support of other evidence, Avnish Kumar @ Kala and Sunita Begum were arrayed as an accused in the present FIR on 21.12.2018. After thorough investigation challan against the accused persons was presented on 26.03.2019 and thereafter charges were framed on 02.05.2019. It is submitted that the trial since has progressed at a considerable pace despite the outbreak of the pandemic. At present, out of a total of 38 prosecution witnesses, 17 prosecution witnesses already stand completely examined, 07 witnesses have been given up and 14 witnesses are yet to be examined and now the trial of the case is pending before trial Court is 13.08.2025 for remaining prosecution evidence.

3.

Considering that thorough investigation was carried out in the case, for which purpose even an SIT was constituted on 08.12.2018, and the fact that the trial has been going on at a considerable pace, with 38 out of 17 prosecution witnesses having been examined and 07 being given up, no order is warranted to be passed by this Court.

4.

Accordingly, present petition stands dismissed. 5.

Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) 30.07.2025 JUDGE Kavita Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2025.08.01 10:53 I agree to specified portions of this document