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High Court of Punjab and HaryanaCRM-M/28871/2020dismissed

Jai Narain Saini And Another v. State Of Haryana And Others

2020-09-21Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28871 of 2020 DATE OF DECISION : 21.09.2020 Jai Narain Saini and another

...Petitioners

Versus

State of Haryana and others

...Respondents

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

Mr.Suresh K. Jindal, Advocate, for the petitioners.

Mr.Bhupender Singh, DAG, Haryana.

(Presence has been marked through video conference) ARUN MONGA, J. (ORAL) This is a petition under Section 482 Cr.P.C for issuance of directions to respondents No.1 and 2 to transfer the investigation of case FIR No.149 dated 15.07.2020 under Section 506 IPC registered at Police Station Bhondsi, District Gurugram, to respondent No.9 or any other senior officer as respondents No.3 to 6 are not investigating the matter in a fair manner. 2.

Learned counsel for the petitioners contends that complainants are husband and wife. They filed complaints dated 04.06.2020 and 09.06.2020 regarding fraud of Rs.1,22,00,000/- committed upon them by the respondents No.7 and 8. Basis thereof, FIR in question was registered. But thereafter, respondents No.3 to 6 are not conducting investigation despite several requests made by the petitioners. The petitioners also submitted a representation dated 07.09.2020 (Annexure P-4). Yet no action has been taken till date. Hence, the petition SONU 2020.09.22 11:32 I attest to the accuracy and integrity of this document

3.

Notice of motion.

4.

Mr. Luvinder Sofat, AAG, Punjab, who has joined proceedings, on service of advance copy of/9*526 petition, accepts notice on behalf of State of Punjab.

5.

Heard. No ground for transfer of investigation is made out at this stage. In the premise, without commenting on the merits of the case, the instant petition is dismissed. However, the petitioner is at liberty to approach the appropriate trial Court as per Cr.P.C., for redressal of his other grievance, if any.

6.

It is, however, made clear that dismissal of this petition shall not be construed by the official respondents to over look the representation dated 07.09.2020 (Annexure P-4), submitted by the petitioners. If found genuine, appropriate action be taken, in accordance with law. (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