Bobby v. State Of Punjab & ORS

In the High Court of Punjab and Haryana at Chandigarh ......

Criminal Misc. No.M-28919 of 2015 .....

Date of decision:8.9.2015 Bobby

...Petitioner

v.

State of Punjab and others

...Respondents

....

Coram:

Hon'ble Mr. Justice Inderjit Singh .....

Present:

Mr. Piyush Sharma, Advocate for the petitioner. .....

Inderjit Singh, J.

The petitioner has filed this petition under Section 482 Cr.P.C. for issuance of directions to respondent No.2 to change the Investigating Officer in FIR No.91 dated 3.6.2014 registered for the offences under Sections 307, 364, 148 and 149 IPC and Sections 25 and 27 of the Arms Act at Police Station Cantt. Ferozepur, District Ferozepur. I have heard learned counsel for the petitioner and have gone through the record.

It is admitted at the time of arguments by the learned counsel for the petitioner that challan has already been presented in the present case, which means the investigation is already complete and the Police has already filed the report under Section 173 Cr.P.C. before the Court. The grievance of the present petitioner is that the other co-accused have not been challaned nor weapons etc. have been recovered from them by the Police. HARPAL SINGH PARMAR 2015.09.16 17:00 I attest to the accuracy and authenticity of this document Chandigarh

Cr. Misc. No.M-28919 of 2015 [2] When the challan has already been presented, there is no question of changing the Investigating Officer as no purpose will be served. The investigation is already complete.

Further more, if the petitioner has any grievance that some of the accused have not been challaned etc. he can avail the appropriate remedy before the trial Court. If the petitioner wants that further investigation should be conducted, he can also apply to the trial Court for the same.

Therefore, from the above discussion, I do not find any merit in this petition and the same is dismissed.

September 8, 2015.

(Inderjit Singh) Judge *hsp* HARPAL SINGH PARMAR 2015.09.16 17:00 I attest to the accuracy and authenticity of this document Chandigarh