High Court of Punjab and HaryanaCRM-M/28700/2020disposed of

Neelam v. State Of Haryana And Others

2020-10-30Mr. Justice Harsimran Singh Sethi2 pages

CRM No. M-28700-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH (108) CRM No. M-28700-2020 Date of Decision : 30.10.2020 NEELAM ....Petitioner

Versus

STATE OF HARYANA AND OTHERS .....Respondents (through video conferencing) CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Aditya Yadav, Advocate for the petitioner. *** Harsimran Singh Sethi, J. (Oral) In the present petition, the prayer of the petitioner is for handing over the investigation of FIR No. 266 dated 28.07.2020, under Sections 302, 323, 506, 34 IPC and Section 25 of the Arms Act, registered at Police Station Bawal, District Rewari to the CID, Vigilance or the Crime Branch of the State for fair and transparent investigation of the same, as according to the petitioner, required action has not been taken by the respondents in respect of the allegations alleged in the FIR.

Learned counsel for the petitioner argues that the accused persons have not been arrested and that has been done only due to the connivance of the police with the said accused persons. Learned counsel for the petitioner submits that the grievance which has been raised by the petitioner in the present petition, has already been brought to the notice of respondent No. 2 i.e. The DIG-cum-Senior Superintendent of Police, Rewari NARESH KUMAR 2020.10.

CRM No. M-28700-2020 vide representation dated 07.09.2020 (Annexure P-2), which is still pending consideration with the said authority. Learned counsel for the petitioner submits that petitioner will be satisfied, at this stage, in case a time bound direction is issued to respondent No. 2 to decide the said representation keeping in view the facts and circumstances of the present case. Notice of motion.

Ms. Rajni Gupta, Additional Advocate General, Haryana, who has also joined the proceedings through video conference, keeping in view the service of advance copy of petition, accepts notice on behalf of respondent-State. Learned State counsel raises no objection with regard to the prayer of the petitioner for deciding the representation dated 07.09.2020 (Annexure P-2) by respondent No. 2 in a time bound manner by passing appropriate speaking order.

In view of the request made, without expressing any opinion on the merits of the case or the claim being made by the petitioners, respondent No. 2 i.e. the DIG-cum-Senior Superintendent of Police, Rewari is directed to decide the representation dated 07.09.2020 (Annexure P-2) within a period of four weeks from the receipt of copy of this order. Petition stands disposed of accordingly.

October 30, 2020 ( HARSIMRAN SINGH SETHI ) kanchan/naresh.k JUDGE Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No NARESH KUMAR 2020.10.31 15:44 I attest to the accuracy and integrity of this document Chandigarh