High Court of Punjab and HaryanaCRM-M/16706/2016disposed of

Rajpal v. State Of Haryana And ORS

2016-11-17Mrs. Justice Raj Rahul Garg2 pages

GAURAV ARORA 2016.11.23 16:03 Crl. Misc. No. M-16706 of 2016

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Crl. Misc. No. M-16706 of 2016 Date of decision : 17.11.2016 Rajpal ......Petitioners versus State of Haryana and ors.

...Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Ms. Shailja Sharma, Advocate for the petitioner Mr. D.R. Singla, DAG, Haryana **** RITU BAHRI , J. (Oral) Prayer in this petition is for issuance of direction to the respondents to hand over the investigation of F.I.R No. 663 dated 20.11.2015 under Section 363/366-A IPC registered at P.S Assandh, District Karnal to some independent agency.

On notice, a reply has been filed by way of affidavit on behalf of respondent Nos. 1 to 5 stating therein that the investigation was carried out in the above said F.I.R and during the course of investigation, statement of witnesses under Section 161 Cr.P.C has been recorded and the Investigating Officer had obtained the CDR of mobile No. 8684000671 and 8813085860 and pamphlets of missing girl were affixed on the public places. Statement of Rahul, Kamal and Deepak was also recorded and on 12.03.2016 missing girl Deepa was recovered from Delhi by ASI Rajesh and statement of Deepa was recorded under Section 164 Cr.P.C who stated that on 13.11.2015, she went alone to Delhi and did not inform her family

Crl. Misc. No. M-16706 of 2016 members regarding the same. She worked at Mustafabad and went there with her own free will and wants to cancell the above said F.I.R, which was got registered by her father. The investigation was also verified by Blajinder Singh, HPS, DSP, Assandh, District Karnal and cancellation report has been prepared. Thereafter, the daughter of the petitioner filed second application for getting her statement recorded, which was dismissed by the Court on 11.04.2016 with the observation there is nothing on record to show that her previous statement was made under undue influence or coercion. In view of the above position, no further orders are required to be passed in the present petition.

The petition stands disposed of.

However, a liberty is granted to the petitioner to take his alternative remedy, if so advised, in accordance with law. 17.11.2016 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No