Somdutt v. State Of Haryana

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH **** CRM-M-33319-2020 Date of Decision: 16th October, 2020 Somdutt Petitioner

Versus

State of Haryana and others Respondents CORAM: HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. S.S. Nain, Advocate for the petitioner.

Mr. Pankaj Mulwani, DAG, Haryana.

AVNEESH JHINGAN, J (Oral):

The matter is taken up for hearing through video conference due to COVID-19 situation.

The present petition is filed seeking transfer of investigation in the case bearing FIR No. 443, dated 7th September, 2020, under Sections 148, 149, 195, 323, 379-B, 427 and 506 of the Indian Penal Code, 1860, registered at Police Station Quilla Panipat. From the pleadings it is apparent that the petitioner earlier lodged FIR No. 111, dated 10th March, 2020, under Sections 148, 149, 307, 323, 506 IPC and Section 25 of the Arms Act, 1959 at Police Station Quilla Panipat against the same accused. The grievance raised is that in the FIR No.443, investigation is not being conducted properly. Learned counsel for the petitioner fairly submits that the challan in the earlier FIR i.e. FIR No. 111 has been produced against the four accused.

CRM-M-33319-2020 -2Learned State counsel appearing on advance notice submits that the investigation in FIR No. 443 is under process. Learned counsel for the petitioner realizing that since no grievance is raised against the investigation and challan produced by same authorities in FIR No. 111, there exists no basis seeking transfer of the investigation of the FIR No. 443, he seeks withdrawal of the present petition with liberty to file afresh petition. Dismissed as withdrawn with liberty as prayed for. [AVNEESH JHINGAN] JUDGE 16th October, 2020 sham

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No