High Court of Punjab and HaryanaCRM-M/31325/2015dismissed

Sharmila v. State Of Haryana And ORS

2017-01-30Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM No.M-31325 of 2015 (O&M) Date of Decision: January 30, 2017 Sharmila

...Petitioner

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Gagandeep Singh, Advocate for Mr.P.S.Sullar, Advocate for the petitioner.

Mr.P.K.Aggarwal, Deputy Advocate General, Punjab for the respondent-State.

Mr.Sandeep Kumar, Advocate for Mr.Vikram Singh, Advocate for respondents No.4 and 5.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 482 Cr.P.C. against State of Punjab and other respondents for transfer of case FIR No.368 dated 16.08.2015 under Section 323, 452, 506 and 34 IPC registered at Police Station Mohindergarh, District Mohindergarh to Central Bureau of Investigtion or some other independent investigating agency. Notice of motion was issued. Learned State counsel as well as learned counsel for respondents No.4 and 5 appeared and contested the petition.

Vineet Gulati 2017.02.01 10:38 I attest to the accuracy and authenticity of this document Chandigarh I have heard learned counsel for the parties as well as learned

CRM No.M-31325 of 2015 -2State counsel and have gone through the record. At the time of arguments, learned State counsel has brought to the notice of this Court that challan has already been presented and two witnesses have already been examined in this case and the trial is going on. The petitioner has also been examined before the trial Court as a witness. The grievance of the petitioner as per the petition is that some offences have not been mentioned in the FIR by the police and some of the persons have not been made accused.

I find that the petitioner has the liberty to file appropriate application before the trial Court for redressal of her grievances. No ground is made out for transfer of the case to the CBI or some other independent agency, especially when after completion of the investigation, challan has already been presented, cognizance has already been taken by the trial Court and the trial is going on.

Therefore, finding no merit in the present petition, the same is dismissed with the liberty aforesaid.

January 30, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No Vineet Gulati 2017.02.01 10:38 I attest to the accuracy and authenticity of this document Chandigarh