Sukhdev Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-27724-2024 Date of decision: May 29th, 2024 Sukhdev Singh .....Petitioner

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Karanjeet Singh Brar, Advocate for the petitioner.

MANJARI NEHRU KAUL, J.

The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking directions to respondent No.2 to conduct a fair and impartial inquiry and investigation in case FIR No.162 dated 21.11.2023 under Sections 365, 342, 452, 323, 325, 326, 148, 149 of the IPC and Section 3(1)(x) of SC & ST Act, 1989, registered at Police Station Chatiwind, Amritsar Rural, annexed as Annexure P-1.

2.

Learned counsel for the petitioner-complainant contends that on 07.09.2023, the petitioner suffered multiple injuries and was subjected to caste-based remarks by the accused persons. The police were duly informed, and the petitioner also underwent a medico-legal examination. Despite this, the police took no action against the accused. Consequently, the petitioner also submitted a representation to higher officials but still, no action was initiated against the accused persons. Learned counsel submits that thereafter, the petitioner approached this Court in CRM-M No.53658 of 2023, following which an inquiry was conducted leading to the registration of the FIR in question, in PUNEET SACHDEVA 2024.05.30 17:59 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-27724-2024 -2compliance with the order dated 20.10.2023 annexed as Annexure P-2. However, it has been urged by the learned counsel that the petitioner harbours a genuine concern that the official respondents are not conducting a fair investigation in the instant case. Hence, they be directed to carry out a fair investigation.

3.

I have heard learned counsel for the petitioner and perused the relevant material on record.

4.

It is trite to say that the investigating agency has a statutory duty and obligation to conduct a fair and impartial investigation. The investigating agency does not require any specific instructions in the said regard in the present case as an FIR already stands registered against the accused persons. Consequently, no grounds are made out to issue directions as prayed for in the instant petition. 5.

The instant petition, therefore, stands dismissed. May 29th, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.05.30 17:59 I attest to the accuracy and integrity of this document Chandigarh