High Court of Punjab and HaryanaCRM-M/25356/2015disposed of

A.K. Banerjee v. State Of Punjab & ANR

2018-10-15Mrs Justice Daya Chaudhary2 pages

-1CRM-M-25356 of 2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-25356 of 2015 (O&M) Date of Decision: 15.10.2018 Prof. Dr. A.K. Banerjee and another ....Petitioners

Versus

State of Punjab and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. R.S. Bains, Advocate, for the petitioners. Mr. Harpreet Multani, AAG, Punjab.

Ms. Manju Goyal, Advocate, for Mr. Sumeet Goel, Advocate, for respondent No.5. RAMENDRA JAIN, J. (ORAL) Prayer in the instant petition under Section 482 Cr.P.C. has been made for issuance of direction to the respondents to transfer the investigation of FIR No.35 dated 16.04.2015 registered under Section 304 IPC at Police Station Division No.8, Kailash Chowk, Ludhiana, to any independent agency like CBI. Initially, cancellation report was filed in the instant case by the police after thorough investigation. However, on protest by the petitioners, learned Magistrate ordered for re-investigation. According to learned State counsel, for the second time also cancellation report has been filed on 08.10.2018. Notice of the same has also been issued to the petitioners. Therefore, proper remedy for the petitioners is to file protest petition. RAVINDER SINGH 2018.10.22 16:50 I attest to the accuracy and authenticity of this document However, since the petitioners are not satisfied with the

-2CRM-M-25356 of 2015 (O&M) re-investigation, therefore, in view of the undertaking of the petitioners that they will not make any prayer for further investigation of the case from some other agency, with their consent the matter is referred to Crime Branch, Punjab, headed by ADGP (Crime), for reinvestigation in the matter for the third time. Investigation be handed over by the present investigating agency to the Crime Branch, Punjab, within a week along with complete case file. It is made clear that in view of their undertaking given above, no further request of the petitioners for re-investigation in this case shall be entertained.

Disposed of.

(RAMENDRA JAIN) October 15, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No RAVINDER SINGH 2018.10.22 16:50 I attest to the accuracy and authenticity of this document