N v. State Of Punjab And Others

2023:PHHC:097886

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28823-2023 (O&M) Date of Decision : 31.07.2023 N ....Petitioner

VERSUS

State of Punjab and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Mr. Mikhail Kad, Advocate for the petitioner. Mr. Adhiraj Singh, AAG Punjab for the respondents. -.- ALKA SARIN, J. (Oral) 1.

This is a petition filed under Section 482 of the Code of Criminal Procedure, 1973 for directing respondent Nos.1 to 4 for conducting proper investigation in FIRNo.53 dated 19.04.2023 registered under Sections 363, 366-A of the Indian Penal Code, 1860 (offence under Section 346, 376 IPC and Section 4 of Protection of Children From Sexual Offences, Act, 2012 has been added later on) at Police Station Sadar Sangrur, District Sangrur.

2.

In the para No.5 of the present petition, which is duly supported by an affidavit, a categoric averment has been made that despite the petitioner requesting the Investigating Officer to get the medical examination of the victim done, however, the Investigation Officer was not getting the medical examination done.

TRIPTI SAINI 2023.08.01 13:36 I attest to the accuracy and integrity of this document Chandigarh

2023:PHHC:097886 CRM-M-28823-2023 -23.

The State was directed to file the status-report vide order dated 27.07.2023.

4.

Learned State counsel has filed a status-report by way of affidavit of Ajaypal Singh, PPS, Deputy Superintendent of Police, Sub Division, Sangrur wherein it has been stated that the grandmother of the victim along with victim was taken to the Civil Hospital, Sangrur where the victim stated that she did not wish to undergo any medical examination. It has further been stated in the status report that challan was prepared on the basis of the statement suffered by the victim under Section 164 CrPC and the same was referred to the Prosecution Agency for scrutiny. The District Attorney, Sangrur gave a report that on the basis of the investigation the crime is not proved. Accordingly, a report was sent to the Senior Superintendent of Police, Sangrur that no evidence has come forward against the accused and hence a cancellation report was prepared and presented in the Court on 24.07.2023 in which notice has been issued for 05.08.2023. 5.

Faced with the same, learned counsel for the petitioner states that he does not wish to press the present petition. 6.

Dismissed as not pressed. Pending applications, if any, also stand disposed off.

July 31, 2023 (ALKA SARIN) tripti JUDGE NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO TRIPTI SAINI 2023.08.01 13:36 I attest to the accuracy and integrity of this document Chandigarh