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High Court of Punjab and HaryanaCWP/20298/2016dismissed

Haseen v. State Of Haryana And ORS

2016-10-07Mr. Justice Surinder Singh Grewal,Mr. Justice Satpal2 pages

CWP No. 20298 of 2016 (O&M) [1]

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Civil Writ Petition No. 20298 of 2016 (O&M) Date of Decision: October 7, 2016.

Haseen ...... Petitioner.

Versus

State of Haryana and others ...... Respondents.

CORAM:- HON'BLE MR.JUSTICE S.S.SARON HON'BLE MRS.JUSTICE LISA GILL

Present:

Mr. Mohd. Arshad, Advocate, for the petitioner. ***** S.S. SARON, J.

The petition was initially filed by the petitioner, who is a practising advocate, under Section 482 of the Code of Criminal Procedure for directing the Director General of Police, Haryana (respondent No.2) to transfer the investigation of case FIR No.247 dated 25.06.2016 registered at Police Station Tauru, District Nuh (Mewat) to the Central Bureau of Investigation. The said case was initially registered for the offences punishable under Sections 459/460 and 376D of the Indian Penal Code ('IPC' - for short) and later the offences punishable under Sections 302/396 IPC, besides, Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 25 of the Arms Act, 1959 were added. The learned Single Judge in terms of order dated 23.09.

2016 observed that the petition was in the nature of a Public Interest Litigation and was ordered to be listed before an appropriate Bench. Accordingly, the criminal misc. petition has been treated as a Public Interest Litigation. It has been numbered as CWP No.20298 of 2016 and listed before this Bench. Omkar Singh 2016.10.

CWP No. 20298 of 2016 (O&M) [2] The petitioner was asked to show that despite being a third party, he has the locus standi to file the present PIL. Today, when the case was taken up, learned counsel appearing for the petitioner submits that he has been engaged by the victim, who has given her 'vakalatnama' in his favour. Therefore, he prays that he may be allowed to withdraw this petition so as to enable him to file an appropriate petition on behalf of the victim. The petition is accordingly dismissed as withdrawn. (S.S. SARON) JUDGE (LISA GILL) October 7, 2016 JUDGE 'om'

Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Omkar Singh 2016.10.19 10:34 I attest to the accuracy and authenticity of this document Chandigarh