Javed Hussain v. State Of Haryana And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28849 of 2020 DATE OF DECISION : 21.09.2020 Javed Hussain

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Ms. Rosi, Advocate, for the petitioners.

Mr. Bhupender Singh, DAG, Haryana.

(Presence has been marked through video conference) ARUN MONGA, J. (ORAL) The petitioner has approached this Court under Section 482 Cr.P.C, inter alia, seeking issuance of directions to official respondents to take legal action against respondents No.4 to 9 in FIR No.0077 dated 17.02.2020 under Sections 363/366-A IPC and Section 25 of Arms Act registered at Police Station Nuh, District Nuh (Mewat). Transfer of investigation has also been sought.

2.

Learned counsel for the petitioner submits that on 17.02.2020, minor daughter of the petitioner was kidnapped by the private respondents. A complaint was also made in this regard, on the basis of which FIR in question was registered. She further submits that till date, the accused/private respondents have not been arrested, except respondent No.5. The petitioner along with his minor daughter is running from pillar to post SONU 2020.09.22 11:32 I attest to the accuracy and integrity of this document

for justice. Petitioner also submitted representations contained at Annexures P-2 and P-3, respectively. Yet no action has been taken. Hence, the petition. 3.

Notice of motion.

4.

Mr.Bhupender Singh, DAG, Haryana, who has joined proceedings on service of advance copy of the petition, appears and accepts notice on behalf of State of Haryana and submits that investigation in the case is over. One accused i.e respondent No.5 has been arrested in the case and challan has already been presented before the trial Court. 5.

Heard.

6.

No case of transfer of investigation is made out at this belated stage, since investigation is already over and challan filed pursuant thereto. 6.

In the premise, without expressing any opinion on the merits of the case, the instant petition is disposed of with liberty to the petitioner to seek appropriate remedy before the trial Court qua her grievance, if any. Trial court is since seized of the matter, after filing the challan. 7.

Disposed of in above terms.

(ARUN MONGA) SEPTEMBER 21, 2020 JUDGE shalini Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.09.22 11:32 I attest to the accuracy and integrity of this document