Ashok Kumar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 11805 of 2022 Date of Decision: 21.03.2022 Ashok Kumar .......... Petitioner

Versus

State of Haryana and others .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Mr. Kunal Dawar, Advocate for the petitioner. Mr. Pradeep Prakash Chahar, Deputy Advocate General, Haryana **** SURESHWAR THAKUR, J. (ORAL) 1.

Through the instant petition, a relief is canvassed for fair and proper investigation being made into FIR No. 298 of 14.10.2021, registered at Police Station Sadar Palwal, District Palwal, constituting therein offences, under Sections 148, 149, 323, 285, 506 of the IPC, and, under Section 25 of the Arms Act.

2.

The reason for the making of the afore prayer, is rested, in the factum that though the offences under Sections 307 and 452 of the IPC, are made out, from the narrations carried in the FIR (supra), yet the Investigating Officer concerned, is not making additions of the afore offences in the FIR (supra).

3.

Even though, the afore made prayer cannot be accepted, unless it was a Court monitored investigation. However, since the investigations conducted into the FIR (supra) are not monitored by the Court, thereupon, prima facie, the above relief cannot be granted in the petition.

DINESH KUMAR 2022.03.22 15:27 I attest to the accuracy and authenticity of this document

CRM-M No. 11805 of 2022 -24.

Be that as it may, since the learned State Counsel, on instructions, meted to him, by the officer heading the Special Investigation Team (SIT), as, became constituted for the holding of investigations in the FIR (supra), submits that the officer heading the SIT, has added Section 307 of the IPC, in the FIR (supra), thereupon, through the afore made statement, the relief canvassed in the instant petition becomes completely redressed. 5.

Therefore, the learned counsel or the petitioner seeks permission of the Court, to, withdraw the instant petition, as, it for the afore reason becomes rendered infructuous.

6.

The afore prayer is accepted, and, petition is disposed of, as, it for the afore reason, becomes rendered infructuous. March 21, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.03.22 15:27 I attest to the accuracy and authenticity of this document