High Court of Punjab and HaryanaCRM-M/2761/2023dismissed

Anjubala v. State Of Haryana And ORS

2023-01-19Mr. Justice Jagmohan Bansal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-2761-2023 Date of Decision: 19.01.2023 Anjubala ......... Petitioner

Versus

State of Haryana and others ......... Respondents CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr.Prateek Rathee, Advocate for the petitioner.

**** JAGMOHAN BANSAL , J. (Oral) The petitioner through instant petition under Section 482 Cr.P.C. is seeking direction to transfer the investigation of FIR No.76 dated 13.08.2021 registered at Police Station Women Police Station Manesar, Gurugram, District Gurugram, under Section 506 of IPC and Sections 8, 6 and 10 of POCSO Act to some other officer posted out of District Gurugram.

Learned counsel for the petitioner contends that there are serious allegations against the respondent, however, police is not investigating the matter in fair and reasonable manner. Learned State counsel submits that for the same grievance, the petitioner preferred CRM-M-45462-2021 (Annexure P-3) before this Court which came to be disposed of vide order dated 29.10.2021 with a direction to the Commissioner of Police, Gurugram to consider the representation of the petitioner and decide within a period of 15 days. The petitioner filed 2nd petition for the same grievance i.e. CRM-M-10892-2022 (Annexure P-8) before this Court which came to be disposed of vide order dated 15.03.2022 -2ANJU GOEL 2023.01.19 18:40 I attest to the accuracy and integrity of this document

CRM-M-2761-2023 -2whereby respondent-State was directed to file cancellation report before Illaqa Magistrate within 15 days. The Investigating Officer in compliance of order dated 15.03.2022 of this Court has filed cancellation report on 30.03.2022.

The petitioner has filed 3rd petition for the same grievance. There seems no reason to entertain this petition because the petitioner has no right in equity or law to file repeated petitions for the same grievance. It not only amounts to violation of principle of res-judicata but also amounts to misuse of process of law.

Dismissed.

( JAGMOHAN BANSAL ) JUDGE 19.01.2023 anju Whether speaking/reasoned Yes/No Whether Reportable Yes/No -3ANJU GOEL 2023.01.19 18:40 I attest to the accuracy and integrity of this document