Chander Dev Sikri v. Union Territory Chandigarh And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6288 of 2017 Date of Decision: 03.07.2018 Chander Dev Sikri ....Petitioner

Versus

Union Territory Chandigarh and others ....Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. Manjeet Singh, Advocate, for the petitioner. Mr. Gautam Dutt, APP, U.T., Chandigarh.

Mr. Anil K. Bhardwaj, Advocate, for the accused. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C. prayer has been made for setting aside orders dated 12.12.2016 (Annexures P-15 to P-17) of the trial Court, whereby applications of the petitioner under Section 156(3) Cr.P.C. for issuance of direction to the investigating agency to conduct fair and impartial investigation in accordance with law, were dismissed. According to learned State counsel, as per instructions of SI Bhim Sen, final report under Section 173 Cr.P.C. and supplementary report have been filed against two accused and the charges have also been framed against both of them. Two prosecution witnesses already stood examined.

In view of above circumstance, this Court is of the considered view that the petitioner can seek appropriate legal remedy in accordance with law before the trial Court during trial. This Court is not the proper forum after filing of the final report under Section 173 Cr.P.C., to order reinvestigation of the matter, which may amount to hindrance in trial. In view of above, present petition is dismissed with liberty to the petitioner to pursue his remedy before the trial Court. (RAMENDRA JAIN) July 03, 2018 JUDGE R.S.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No Ravinder Singh 2018.07.06 17:45 I attest to the accuracy and authenticity of this document