High Court of Punjab and HaryanaCRM-M/6575/2017disposed of

Mahender Singh v. State Of Haryana & ORS

2018-11-13Mr. Justice Mahabir Singh Sindhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No.6575 of 2017 Date of Decision: 13.11.2018 Mahender Singh ..... Petitioner versus State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU

Present:

Mr. Naveen Singh Panwar, Advocate for the petitioner.

Mr. Tanuj Sharma, Assistant Advocate General, Haryana. MAHABIR SINGH SINDHU J. (ORAL) Present petition has been filed for direction to respondents No.1 to 3 to take appropriate action against private respondents No.5 to 9 according to law or to hand over the investigation to some independent agency.

In pursuance to the notice of motion, reply on behalf of the State by way of an affidavit of Adarsh Deep, HPS, DSP, Kharkhoda has been filed and the preliminary submission No.(iii) reveals as under:- "That after conducting a thorough, fair and impartial investigation, when no evidence was found against the accused, cancellation report in the said case has been recommended, which is still under process and is yet to be filed in the court. It is further submitted that during the course of investigation, the petitioner moved an application before the Court seeking status of the case, upon which a status report was filed in the Court on 01.10.2016

CRM-M No.6575 of 2017 -2mentioning that cancellation report has been recorded and then the case was fixed for awaiting of cancellation report and now, the said case is fixed for 14.07.2017 for awaiting of cancellation report."

Learned State counsel on instructions from ASI Devender has further stated that cancellation report was duly submitted before the Court of Competent Jurisdiction on 05.09.2017 and the petitioner is not coming forward.

In view of the above, no further direction is required to be issued. Consequently, the present petition is disposed off as having been rendered infructuous.

Ordered accordingly.

However, it is made clear that the petitioner would be at liberty to avail his remedy against the cancellation report as per law. (MAHABIR SINGH SINDHU) JUDGE 13.11.2018 rittu Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No