Amandeep Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Date of Decision: 02.11.2023 Amandeep Singh .....Petitioner.

Versus

State of Punjab and others .....Respondents.

CORAM:

HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Ranjit Singh Ghuman, Advocate for the petitioner.

Mr. Jashanpreet Singh, AAG, Punjab for respondents No.1 to 5.

MEENAKSHI I. MEHTA, J.(Oral) By way of this petition, the petitioner seeks the indulgence of this Court for the issuance of direction to respondents No.1 and 2 to handover the investigation of the criminal case arisen out of the FIR bearing No.35 dated 18.03.2023 as registered at Police Station Bullowal, District Hoshiarpur, under Sections 323, 354, 506, 452, 427, 148 & 149 IPC and the cross-case thereof, registered vide Diary No.24 dated 25.03.2023 under Sections 323, 341, 324, 427, 148, 149 & 506 IPC (wherein the offence under Section 326 IPC is stated to have been added subsequently vide Diary No.27 dated 28.03.2023), to some Senior Police Officer, not below the rank of the Superintendent of Police and he has also prayed for issuing

-2direction to the official respondents to protect his life, liberty and property by providing adequate security to him and has further prayed for directing respondent No.5 not to harass him and his family members at the instance of respondent No.6 and his companions.

2.

Status-Report has already been filed on behalf of respondents No.1 to 4 (by way of the affidavit of the Deputy Superintendent of Police, Sub-Division Rural, District Hoshiarpur).

3.

I have heard learned counsel for the petitioner as well as learned State counsel in the present petition and have also perused the file carefully.

4.

Today, learned State counsel, on the instructions from ASI Surinder Pal from the afore-referred Police Station, informs the Court that respondent No.5 is no more investigating the said criminal cases and rather, the investigation of the same has, now, been entrusted to the above-named ASI. It being so, the prayers of the petitioner for the issuance of direction to respondents No.1 and 2 to transfer the investigation of the afore-referred cases and also to direct respondent No.5 not to harass him and his family members at the instance of respondent No.6, are rendered infructuous. 5.

So far as the relief qua the issuance of direction to the official respondents to protect the life, liberty and the property of the petitioner is concerned, it is pertinent to mention here that in para No.11 of the StatusReport, it has categorically been deposed that the applications submitted by him (petitioner) to the Senior Superintendent of Police, Hoshiarpur, have already been marked to the deponent for conducting the inquiry which is

-3going on and the action would be taken in accordance with the findings in respect thereof but however, the preventive action has already been taken against both the parties under Sections 107/150 Cr.PC. In view of these depositions, it becomes quite explicit that the cause of action to pursue this petition for seeking the above-mentioned relief, does not survive any more in favour of the petitioner.

6.

As a sequel to the fore-going discussion, it follows that the petition in hand deserves dismissal. Resultantly, the same stands dismissed accordingly.

(MEENAKSHI I. MEHTA) November 02, 2023 JUDGE Yag Dutt Whether speaking/reasoned:

Yes Whether Reportable:

No