High Court of Punjab and HaryanaCRM-M/20236/2024disposed of

Sangeeta Saini v. State Of Haryana And Others

2025-04-02Mr. Justice Harpreet Singh Brar3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-20236-2024 (O&M) Date of decision: 02.04.2025 Sangeeta Saini ....Petitioner

Versus

State of Haryana and Others ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. Dushyant Rana, Advocate for the petitioner.

Mr. Ramesh Kumar Ambavta, AAG, Haryana.

HARPREET SINGH BRAR J. (Oral) CRM-7623-2025 Prayer in this application filed under Section 528 of BNSS is for preponing the date fixed in the main petition. Heard.

For the reasons stated in the application, the same is allowed and the main case, which is fixed for 01.08.2025, is taken up today for hearing.

CRM-M-20236-2024 (O&M) Prayer in this petition filed under Section 482 Cr.P.C., for constitution a Special Investigation Team (SIT) or direct any independent agency like the Central Bureau of Investigation (CBI), to conduct fair, impartial and unbiased investigation in FIR No.431 dated

28.07.2023, under Sections 148, 149, 323, 325, 452, 506 IPC, registered at Police Station Krishna Gate, Thanesar, District Kurukshetra. On 24.04.2024, the following order was passed by this Court:- "Grievance of the petitioner is that despite lodging of the FIR No.431 dated 28.07.2023, under Sections 148, 149, 323, 325, 452 and 506 of IPC, registered at Police Station Krishna Gate, Thanesar, Kurukshetra, by the petitioner, approximately 09 months ago, no action is being taken against the culprits because one of the culprits, namely, Sukhdev Singh as named in the FIR, is a police official.

Petitioner prays for constituting an SIT or to direct any independent agency like CBI to investigate the FIR. Notice of motion.

Mr. Sahil R. Bakshi, AAG, Punjab accepts notice on behalf of respondent-State. Copy of paper book be supplied to him during the course of day.

Let reply by way of affidavit of respondent No.3 - Superintendent of Police, Kurukshetra, be filed on 29.07.2024."

Learned State counsel, on instructions from ASI Pankaj Sharma, refers to the affidavit of respondent No.3 and submits that the veracity of the allegations made by the petitioner has been thoroughly examined and the investigating agency has recommended the cancellation of the FIR and the same would be filed before the jurisdictional Court within a period of 04 weeks from today. Per contra, learned counsel for the petitioner refers to the document (Annexure P-2) and submits that the medical summary of the

Post-Graduate Institute of Medical Education & Research, Chandigarh, clearly indicates that the petitioner has suffered a grievous hurt and one of the accused named in the FIR (supra) is the police officer and the Investigating Officer acted under his influence, has procured the opinion with regard to the injury being an old fracture. In view of the above, the present petition is disposed of with a direction to the learned Jurisdictional Court to pass an appropriate order on the cancellation report strictly in terms of the judgment rendered by this Court in Pawan Kharbanda vs State of Punjab and another, passed in CRM-M No.3193 of 2025, decided on 29.01.2025, after affording adequate opportunity to the petitioner to file his written objections with regard to any shortcomings and bias in the investigation carried out by the investigating agency. (HARPREET SINGH BRAR) JUDGE 02.04.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No