High Court of Punjab and HaryanaCRM-M/7088/2023disposed of

David Gill v. State Of Punjab And Others

2023-02-10Mr. Justice Harkesh Manuja2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-7088-2023 Date of Decision: February 10, 2023 DAVID GILL ........ Petitioner

Versus

STATE OF PUNJAB AND ORS.

.......Respondents CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. Anupam Singla, Advocate for the petitioner. **** HARKESH MANUJA, J. (ORAL) By way of present petitioner filed under Section 482 Cr.P.C., prayer has been made for transfer of investigation of FIR No.294, dated 11.11.2022, u/s 420, 465, 467, 468, 471 IPC registered at P.S. Division 5, District Police Commissionerate, Ludhiana and FIR No.18 dated 26.01.2023, u/s 323, 341, 506, 34 IPC, P.S. Moti Nagar, District Police Commissionerate, Ludhiana to respondent No.2 i.e. Central Bureau of Investigation.

Learned counsel for the petitioner submits that under the influence of respondent No.7 who happens to be acting Youth President of the ruling party of District Ludhiana, the petitioner has strong apprehension about the fair investigation of the afore-mentioned FIR. I have heard learned counsel for the parties including Mr. Tarun Aggarwal, Sr. DAG, Punjab who is already present in pursuance to advance notice.

Both the FIRs have been registered in the recent past TEJWINDER SINGH 2023.02.14 09:32 I attest to the accuracy and integrity of this document

CRM-M-7088-2023 -2and the investigation is still at the initial stage. Mere fact that respondent No.7 happens to be Acting Youth President of ruling party cannot put a question mark upon the credibility of the Investigating Agency.

Accordingly, I do not find any substance in the present petition so as to transfer the investigation of the afore-mentioned FIRs to the CBI at this primitive and premature stage. However, considering the facts and circumstance of the present case the official respondents shall look into the representations i.e Annexures P-6, P12 and P-16 as submitted by the petitioners at the time of preparing the final report. Disposed of accordingly.

10.02.2023 ( HARKESH MANUJA ) tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2023.02.14 09:32 I attest to the accuracy and integrity of this document