Fayyad v. State Of Haryana & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (1) CRM No.M-6428 of 2016 (O&M) Fayyad Petitioner...

VERSUS

State of Haryana and others

...Respondent...

(2) CRM No.M-15758 of 2016 (O&M) Hakmuddin

...Petitioner...

VERSUS

State of Haryana and others

...Respondent...

Date of Decision: July 23, 2016 CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.M.D.Khan, Advocate for the petitioner (in CRM No.M-6428 of 2016) and for respondent No.7 (in CRM No.M-15758 of 2016). Mr.Sarfraj Hussain, Advocate for the petitioner (in CRM No.M-15758 of 2016) and for respondent No.4 (in CRM No.M-6428 of 2016). Mr.B.S.Virk, Deputy Advocate General, Haryana for the respondent-State.

**** INDERJIT SINGH, J.

Both the above-stated petitions are taken up together being arisen from same FIR.

Petitioners have filed these petitions under Section 482 Cr.P.C. for issuance of direction to official respondents to transfer the investigation of case FIR No.130 dated 27.11.2014 under Sections 148, 149, 323, 302, Vineet Gulati 2016.08.19 15:48 I attest to the accuracy and authenticity of this document Chandigarh 447 and 506 IPC registered at Police Station Baheen to some other

CRM No.M-6428 of 2016 and connected case -2independent investigating agency.

Notice of motion was issued and learned State counsel as well as learned counsel for respective respondents appeared. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. The perusal of the record shows that the FIR in the present case has been registered under Section 302 and other Sections of IPC on 27.11.2014. The complainant as well as one of the accused have filed these petitions for transfer of investigation to some independent agency. Learned State counsel also states that he has no objection if the investigation is transferred to some independent agency.

Keeping in view facts and circumstances of the present case and in view of the fact that all the parties agreed that the investigation of the case may be transferred to Crime Branch, Panchkula, both the petitions are disposed of with the direction that the investigation of case FIR No.130 dated 27.11.2014 registered at Police Station Baheen be transferred to Crime Branch Panchkula. The Crime Branch, Panchkula is also directed to proceed with the investigation expeditiously. July 23, 2016 (INDERJIT SINGH) Vgulati JUDGE Vineet Gulati 2016.08.19 15:48 I attest to the accuracy and authenticity of this document Chandigarh