Ankit v. Director General Of Police Haryana And ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-1734 of 2019 .....

Date of decision:16.01.2019 Ankit

...Petitioner

v.

Director General of Police, Haryana and others

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. R.S. Sangwan, Advocate for the petitioner. .....

Inderjit Singh, J.

This criminal miscellaneous petition has been filed by petitioner under Section 482 Cr.P.C. for issuance of direction to respondents to conduct the investigation in FIR No.271 dated 24.07.2018 (AnnexureP.1) registered for the offences under Sections 323, 325, 34 and 506 IPC at Police Station Kanina in fair and transparent manner by the Special Investigation Team consisting of higher Officer out of Mohindergarh District.

I have heard learned counsel for the petitioner and have gone through the record.

The accused in this case are not the Police officials nor they are the political leaders. The FIR is only for the offences under Sections 323, 325, 34 and 506 IPC.

Keeping in view the facts and circumstances of the present case and the nature of the offences, I do not find it a fit case where Special HARPAL SINGH PARMAR 2019.01.17 16:31 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-1734 of 2019 [2] Investigation Team should be formed to investigate the case. Therefore, finding no merit in the present petition, the same is dismissed. However, if the petitioner feels that the investigation is not being conducted fairly and properly by the Investigating Officer, then he can avail the remedy as per law laid down by the Hon'ble Supreme Court in Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Cr.) 392 (SC), by approaching the Illaqa Magistrate, who has ample powers to supervise the investigation and even to monitor the investigation. With these observations, the present petition is dismissed. January 16, 2019.

(Inderjit Singh) Judge *hsp* NOTE:

Whether speaking/reasoned:

Yes Whether reportable:

No HARPAL SINGH PARMAR 2019.01.17 16:31 I attest to the accuracy and authenticity of this document Chandigarh