Balvinder Kumar @ Lillu And ORS v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-21221 of 2015 (O&M) Date of Decision: 30.7.2015 Balvinder Kumar @ Lillu and others --Petitioners.

Vs.

State of Haryana --Respondent.

CORAM : HON'BLE MR. JUSTICE RAMESHWAR SINGH MALIK Present : Mr. J.S.Dahiya, Advocate for the petitioners.

Mr. Ashish Yadav, Additional A.G. Haryana.

Mr. Sanjiv Gupta, Advocate for the complainant.

**** RAMESHWAR SINGH MALIK J. (ORAL) Petitioners seek pre-arrest bail in FIR No. 33 dated 12.2.2014 unde Sections 148/149/427/323/307/506 IPC and Section 25 of the Arms Act, registered at Police Station Ladwa, District Kurukshetra. Notice of motion was issued and interim protection was granted. Learned counsel for the parties are ad idem that FIR was registered on 12.2.2014, investigation was conducted and on conclusion thereof, report under Section 173 Cr.P.C. was prepared on 8.5.2014 but presented before the learned court of competent jurisdiction on 25.8.2014. Thereafter, no permission was ever sought from the court to further investigate the matter. It is also not in dispute that in the challan dated 8.5.2014, petitioners were also sent for trial by the investigating agency as accused persons.

AMIT KUMAR 2015.07.31 16:39 I attest to the accuracy and authenticity of this document

CRM-M-21221 of 2015 (O&M) However, in the present case, it seems that investigating agency, on its own, proceeded further. Such kind of action is an action without jurisdiction. No permission for further investigation was ever sought from the learned court which was already seized of the matter. Under these circumstances, any such supplementary challan sought to be presented by the investigating agency under Section 173 (8) Cr.P.C, would be nothing more than a waste document, having been based on an action without jurisdiction.

So far as instant petition for anticipatory bail is concerned, petitioners have appeared before the learned Magistrate, as directed by this Court, and their bail bonds have been accepted by the learned Judicial Magistrate 1st Class, Kurukshetra, vide order dated 16.7.2015. In view of the above and without commenting anything further on the merits of the case, lest it should prejudice the rights of either of the parties, order dated 6.7.2015 passed by this Court is hereby made absolute, however, subject to the conditions envisaged under Section 438

(2) Cr.P.C.

It goes without saying that the abovesaid observations made by this Court will not influence the learned trial court in either way, during the course of trial.

Disposed of, accordingly.

(RAMESHWAR SINGH MALIK) JUDGE 30.7.2015 AK Sharma AMIT KUMAR 2015.07.31 16:39 I attest to the accuracy and authenticity of this document