High Court of Punjab and HaryanaCRM-M/36400/2021disposed of

Anish v. State Of Haryana And Others

2021-09-06Mr. Justice Harsimran Singh Sethi3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: - 06.09.2021 Anish ....Petitioner

Versus

State of Haryana and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Talim Hussain, Advocate, for the petitioner.

Mr. Gaurav Bansal, Assistant Advocate General, Haryana. (keeping in view of the advance copy given).

( Through Video Conferencing ) **** HARSIMRAN SINGH SETHI , J. (ORAL) CRM-27991-2021 Application is allowed, as prayed for.

CRM-M-36400-2021 Learned counsel for the petitioner argues that though an FIR No.227 dated 05.10.2018, under Section 34 and 365 IPC, at Police Station Nagina, District Nuh, Haryana, was registered about three years ago, but nothing substantial has come out on record despite the fact that SIT has been constituted by the State of Haryana. Learned counsel for the petitioner further argues that in the present case not only the accused are

-2not being arrested, but the investigation is being conducted in such a manner so as to shatter confidence of the complainant. The prayer of the petitioner is for issuance of a direction to respondents No.2 and 3 to investigate the FIR in a free and fair manner and take the same to the logical end.

Learned counsel for the petitioner argues that in respect of the said grievance, petitioner has already submitted a representation dated 13.07.2021 (Annexure P-5) to the Director General of Police, Haryana (respondent No.2), which is still pending consideration with the said authority and the petitioner will be satisfied, at this stage, in case a time bound direction is issued to respondent No.2 to decide the said representation by passing an appropriate speaking order. Notice of motion.

Mr. Gaurav Bansal, Assistant Advocate General, Haryana, who has 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 prayer of the petitioner for deciding the representation dated 13.07.2021 (Annexure P-5) by respondent No.2 in a time bound manner by passing an appropriate speaking order.

In view of the above, without expressing any opinion on the merits of the case or the claim being made by the petitioner in representation dated 13.07.2021 (Annexure P-5), respondent No.2 is directed to decide the representation dated 13.07.2021 (Annexure P-5) by

-3passing a speaking order within a period of eight weeks from the date of receipt of a copy of this order.

Present writ petition stands disposed of.

( HARSIMRAN SINGH SETHI ) September 06, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?