Ankita v. State Of Punjab And Others

CRM Nos.14005, 14006 and 14008 of 2021 in/and CRM-M-6823-2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM Nos.14005, 14006 and 14008 of 2021 in/and CRM-M-6823-2021 Date of Decision:July 06, 2021 Ankita .....Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.S.S.Sodhi,Advocate for the petitioner.

Mr.Harbir Sandhu, Assistant Advocate General, Punjab. ........

RAJESH BHARDWAJ, J. (ORAL) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

CRM-14005-2021 Instant application filed under Section 482 Cr.P.C. for preponing the case from 01.09.2021 is allowed and the main case, i.e. CRMM-6823-2021 is taken on Board today itself. CRM-14006 -2021 Instant application filed under Section 482 Cr.P.C. for permitting the applicant-petitioner to implead Mrs.Indu Bala, MLA as respondent No.5, is allowed subject to all just exceptions. CRM-14008-2021 Amended memo of parties is taken on record.

Application stands disposed of.

MEENU 2021.07.06 17:15 I attest to the accuracy and authenticity of this document chandigarh

CRM Nos.14005, 14006 and 14008 of 2021 in/and CRM-M-6823-2021 -2CRM-M-6823-2021 Instant petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner, who is none other than the prosecutrix, in FIR No.35 dated 18.03.2021 under Sections 376, 354C IPC, 67A of the IT Act and Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered at Police Station Mukerian, District Hoshiarpur.

The specific contention of the petitioner in the present petition is that the police is not investigating the case in a free and impartial manner and is proceeding totally in a biased manner. Mr.Sodhi, learned counsel for the petitioner has further contended that the offences involved in the FIR are of serious in nature and the victim belongs to a very poor strata of the society and thus, she is helpless and hence indulgence of this Court is prayed for.

At the outset, Mr.Harbir Sandhu, Assistant Advocate General, Punjab, on instructions from ASI Sanjeev Kumar, informs the Court that investigation has been carried out in a free and impartial manner and challan already stands submitted on 15.05.2021.

In view of the same when challan is already presented and the Court is seized of the matter, I find that prayer made in the petition no more survives. However, the petition is disposed of with a direction that the trial Court would proceed and expedite the trial in accordance with law. July 06, 2021 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2021.07.06 17:15 I attest to the accuracy and authenticity of this document chandigarh