Vikas Garg v. State Of Punjab And Others
CRM-M-33284-2024 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33284-2024 (O&M) Date of Decision: July 16, 2024 Vikas Garg ......Petitioner
Versus
State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ
Present:
Dr.Rau P.S.Girwar, Advocate for the petitioner.
........
RAJESH BHARDWAJ, J.(ORAL) CRM-27740-2024 Application is allowed as prayed for.
CRM-M-33284-2024 Petitioner has approached this Court under Section 528 of BNSS 2023 praying for issuance of directions to respondent No.2 to register the case against respondents No.5 and 6 on the basis of report, Annexure P-4, dated 25.11.2023 prepared by respondent No.3, which was submitted before the office of respondent No.2 on 25.11.2023 by respondent No.3 but respondent No.2 has illegally and in arbitrary manner rejected the recommendation of report to register the FIR. Learned counsel for the petitioner has submitted that respondent No.2-Deputy Superintendent of Police had conducted the enquiry and directed for registering the FIR but despite that, no action has been taken on MEENU 2024.07.17 12:35 I attest to the accuracy and integrity of this document the same by the respondents/Investigating Agency.
CRM-M-33284-2024 (O&M) -2Notice of motion to official respondents only at this stage. On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State and has submitted, on instructions from ASI Gurmeet Singh, that report was perused by the Senior Superintendent of Police, Bathinda, who was not in agreement with the same and decided to file the case. In these circumstances, the petitioner has an alternative remedy of filing a petition before the Magistrate, which he can avail if desired. Hence, the present petition is disposed of with liberty to the petitioner to avail his remedy in accordance with law.
July 16, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.
Whether speaking/reasoned ?
Yes/No 2.
Whether reportable ?
Yes/No MEENU 2024.07.17 12:35 I attest to the accuracy and integrity of this document