Kapoor Chand & ORS v. State Of Punjab & ORS

KAPIL 2016.05.30 10:27 I attest to the accuracy and authenticity of this document CRM-M-3400-2016 (1) *** In the High Court of Punjab and Haryana at Chandigarh CRM-M-3400-2016 Date of Decision: 27.05.2016 Kapoor Chand and others

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI

Present:

Ms. Parveen Dahiya, Advocate for Mr. S.P.S. Tinna, Advocate, for the petitioners.

Mr. Jasanpreet Singh, AAG, Punjab.

***** M.M.S. BEDI, J (ORAL) This is a petition under Section 482 Cr.P.C. seeking a direction to hand over the investigation to an independent agency because the investigation in a murder case was not being fairly conducted. Allegations have been levelled against the local police officials apprehending that the main accused will not be dealt with in accordance with law. A status report has been submitted by the state today to the effect that there are 26 accused including Shiv Lal Doda who are involved in the commission of the crime in the present case and challan had already been presented against 24 accused. Supplementary challan under Section 173 (8) Cr.P.C. has also been filed on 19.04.2016 against the

KAPIL 2016.05.30 10:27 I attest to the accuracy and authenticity of this document CRM-M-3400-2016 (2) *** remaining two accused including accused Shiv Lal Doda. The case is fixed for framing of charges against all the accused. The grievance in the petition is that there are apprehensions by the petitioners that the main accused would be given benefit of their connections with high-ups. With the presentation of challan against all the accused, I am of the opinion that there is no place for said apprehensions at this stage.

The petition is disposed of having rendered infructuous without prejudice to the rights of the petitioners to approach this Court in case of any apprehension or violation of legal rights.

May 27, 2016 (M.M.S. BEDI) kapil JUDGE