Asgar v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M- 17442 of 2020 (O&M) DATE OF DECISION : 04.08.2020 Asgar

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Suvir Sidhu, Advocate, for the petitioner.

Mr. Vikrant Pamboo, DAG, Haryana.

(Presence marked through video conference) ARUN MONGA, J. (ORAL) 1.

Prayer made in this petition filed under Section 482 Cr.P.C. is for issuance of directions to the respondents to conduct fair and impartial investigation in case FIR No. 25 dated 25.05.2020 registered under Sections 376-D, 366-A, 506 IPC and Section 6 of Protection of Children from Sexual Offences Act and Section 25 of Arms Act, Police Station Women, Mewat, District Nuh. It is stated that the FIR in question was registered against the instance of the petitioner as her minor daughter had been raped by the accused named therein. However, despite lapse of sufficient time, no action has been taken by the police.

2.

Learned State counsel has submitted the status report by way of reply of Mr. Sudhir Taneja, HPS, Deputy Superintendent of Police, Nuh, wherein it is mentioned that concerted efforts are being made to effect the arrest of the accused, who are on run, by conducting raids time and again. It is SONU 2020.08.04 20:38 I attest to the accuracy and integrity of this document

assured that the local police is conducting investigation fairly, meticulously and expeditiously.

3.

Having heard learned counsel for the parties and after going through the contents of the affidavit, I am of the opinion and expect that competent authority/ police officials shall carry out their duties diligently in accordance with law. It is accordingly expected of them to take appropriate action if and when the same is warranted against the accused. However, the petitioner is at liberty to approach this Court again in case he feels that investigation is compromised, in any manner. It is expected that investigation would be carried out as expeditiously as possible since the incident in question relates to the month of May, 2020 and any delay is likely to increase the probability of not only tampering with the evidence, but also influence the witnesses to not support the prosecution version. 4.

With these observations, the petition stands disposed of. (ARUN MONGA) August 4, 2020 JUDGE Jiten Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No SONU 2020.08.04 20:38 I attest to the accuracy and integrity of this document