Baljeet Singh v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23321-2017 Date of decision: July 24, 2023 Baljeet Singh ....Petitioner versus State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Anil Kumar Garg, Advocate for petitioner. Mr. Vikas Bhardwaj, AAG, Haryana.

Mr. Abhishek, Advocate for Mr. Jitender Nara, Advocate for respondent No.6 to 10. ***** ARUN MONGA, J. (ORAL) Aggrieved against the inaction of the police officials, the instant petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for directing respondent Nos.1 to 3 to get the case investigated from some senior police official or from some independent investigating agency like Crime Branch, Haryana and to present the final police report under Section 173 Cr.P.C. in case FIR No.32 dated 25.03.2017, under Section 306 read with Section 34 IPC, registered at Police Station, Hissar, District GRP Ambala Cantt.

2.

Succinct facts first, as pleaded in the instant petition. 2.1.

Petitioner is a brother of deceased, namely, Ashok Kumar. Deceased was married to respondent No.6-Nirmal Devi on 03.04.2012 while respondent No.7-Neelam Rani is sister of respondent No.6. No child was born out of the wedlock of deceased and respondent No.6. Deceased is stated to have committed suicide by jumping in front of a running train at Tohana on 25.03.2017, allegedly owing to differences with his wife and

sister-in-law and harassment at the hands of private respondents. Deceased also left a suicide note (Annexure P-2), which was handed over to police by petitioner and his family members. Pursuant to police complaint filed by petitioner, an FIR bearing No.32 dated 25.03.2017 (Annexure P-1), under Section 306 read with Section 34 IPC was registered at Police Station Hisar, District GRP, Ambala Cantt. It is averred that after registering the FIR, no further steps have been taken by the Investigating Agency, in accordance with law.

3.

Learned State counsel, assisted by learned counsel appearing on behalf of respondents No.6 to 10, opposes the prayer made. Learned State counsel, on instructions from ASI Jitender Kumar, submits that investigation has been carried out and it was found that wife and sister-inlaw of the deceased as also other private respondents had no role to play in the alleged offence, which is attributed to them. He further submits that, in fact, a cancellation report has already been prepared and will be filed in due course before the competent Court below.

4.

Arguments heard.

5.

Grievance to the extent that no further action was being taken by the police, stands mitigated, as not only investigation is complete but a cancellation report has been prepared and submitted to Superintendent of Police, Railways, Haryana, Ambala Cantt. The cancellation report is not under challenge in this court. In the premise, no further proceedings are required before this Court.

6.

Disposed of accordingly.

7.

Needless to say that non indulgence of this Court would not be construed to mean that petitioner is not entitled to file any objection petition

against the cancellation report. In case he so wishes, he is at liberty to do so before the competent Court below.

8.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) July 24, 2023 JUDGE Sachin M./jyt Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No