Chinder Lal v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-11056 of 2016(O&M) Date of Decision: April 01, 2016 Chinder Pal

...Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.H.S.Dhandi, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 482 Cr.P.C. against State of Punjab and other respondents for issuance of directions to respondents No.1 and 2 to conduct free and fair enquiry by forming a Special Investigation Team to be headed by the officer not below the rank of IG in case FIR No.79 dated 01.05.2015 under Sections 302 and 120-B IPC, Police Station Patran, District Patiala and accused namely Janga, Kalu @ Naresh and Lal Singh, who have been falsely implicated be set free and persons who have committed the offence, be challaned and tried.

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

From the record, I find that the petitioner is neither the complainant nor the accused. He has filed this petition by stating that VINEET GULATI 2016.04.22 15:53 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-11056 of 2016 -2accused Janga and Kalu @ Naresh are grandsons of Lal Singh and Lal Singh is son of petitioner's maternal uncle and they are residing in the same locality and have family relations. It is also stated that from the day of incident, the petitioner is approaching different authorities with other persons to save above said persons from the false case registered against them.

At the time of arguments, learned counsel for the petitioner argued that above named persons have been falsely implicated. It is the case of simple manipulation. No other point has been argued. The perusal of the record shows that the complainant has no grievance regarding investigation. Even the accused have not filed the petition that they have been falsely implicated. The challan has already been presented in the Court. The trial Court will look into the matter during the trial. At this stage, no ground is made out for forming Special Investigation Team. The investigation is already complete and the trial Court is seized of the matter after presentation of challan.

Therefore, finding no merit in the present petition, the same is dismissed.

April 01, 2016 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2016.04.22 15:53 I attest to the accuracy and authenticity of this document Chandigarh