Mahender v. State Of Haryana & ORS

CRM-M-41983-2017

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of decision: 20.11.2018 1.

CRM-M-41983-2017 Mahender

...Petitioner

Versus

State of Haryana and others

...Respondents

***** 2.

CRM-M-3739-2018 Fajri and others

...Petitioners

Versus

State of Haryana

...Respondent

***** CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Ms. Amanpreet Kaur Sabharwal, Advocate, for Ms. Taranpreet Kaur, Advocate, for the petitioners in CRM-M-41983-2017.

Mr. Arjun Atri, Advocate, for the petitioner in CRM-M-3739-2018.

Mr. P.P. Chahar, DAG, Haryana.

Mr. Keshav Pratap Singh, Advocate, for respondent No.2.

**** JAISHREE THAKUR, J.(ORAL) 1.

This order of mine shall dispose of the above referred two petitions. For brevity, facts are taken from CRM-M-41983-2017. 2.

This is a petition that has been filed under Section 482 Cr.P.C. SATYAWAN 2018.11.28 17:11 I attest to the accuracy and integrity of this document

CRM-M-41983-2017 for issuance of direction to the official respondent Nos. 1 to 3 to transfer the investigation of the case FIR No. 251 dated 28.06.2017 under Sections 323, 452, 354-B, 506, 34 IPC a nd Section 3 of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment 2015), registered at Police Stationi Tauru, District Mewat.

3.

Pursuant to the notice of motion issued, reply has been filed by the Deputy Superintendent of Police, Punhana, District Nuh, in which it is stated that the investigation has been completed by the Local Police and a challan under Section 173 Cr.P.C. has been prepared and submitted before the Illaqa Magistrate for committing the case to the Sessions Judge for judicial pronouncement.

4.

It is submitted that the challan has been presented against accused Azad, whereas remaining accused, namely (i) Shehzad, (ii) Samil s/o Ayyub, (iii) Aarifa @ Tiddi D/o Ayyub, (iv) Fajri w/o Ayyub, (v) Sherbi w/o Nabba r/o Khori Khurd, have been declared innocent and kept in column No.2 of the challan presented.

5.

In view of the fact that, investigation in the matter is complete and the challan stands presented, no further orders are called for in the instant matter.

6.

Both the petitions stand disposed of.

7.

A photocopy of this order be placed on the file of the connected case.

20.11.2018 (JAISHREE THAKUR) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2018.11.28 17:11 I attest to the accuracy and integrity of this document