Roshni And ANR v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP NO. 9036 OF 2020 DATE OF DECISION : 03.11.2020 Roshni and another

...Petitioners

Versus

State of Haryana and others

...Respondents

CORAM : HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Lalit Kumar, Advocate, for the petitioners.

Mr. Bhupender Singh, DAG, Haryana.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) The petitioners have approached this Court under Article 226 of Constitution of India, seeking directions to the official respondents to protect their life and liberty at the hands of respondents No.6 to 14. Further prayer has been made for transfer of investigation in FIR No.269 dated 24.07.2020 under Sections 201/302/34/365 IPC registered at Police Station Arya Nagar, Rohtak. 2.

Learned counsel for the petitioners submits that son of petitioner No.1 was kidnapped and brutally murdered allegedly by by respondents No.6 to 14 along with their musclemen. Petitioners submitted representation dated 08.08.2020 (Annexure P-3) followed by various representations contained at Annexures P-4 to P-9, but no action has been taken thereon till date. Hence, the petition. 3.

Notice of motion.

4.

Mr. Bhupender Singh, DAG, Haryana who has joined proceedings, on service of advance copy of petition, accepts notice on behalf VIVEK PAHWA 2020.11.03 11:35 I attest to the accuracy and integrity of this document

of State of Haryana and submits that per his instructions, investigation is complete. Challan has been filed. Out of 09 accused/suspects, 08 have already been arrested and one is at large and he too shall be arrested in due course.

5.

In the premise, the prayer made by the petitioners for transfer of investigation in the FIR mentioned above, has been rendered infructuous. However, the petitioners are at liberty to take appropriate steps in accordance with law in case they are aggrieved by the alleged poor investigation carried out by the Investigating Agency. 6.

As regards prayer for protection of life and liberty, the competent authority/respondent No.4 i.e Superintendent of Police, Rohtak may look into the representation dated 08.08.2020 (Annexure P-3) followed by various representations mentioned above, stated to have been filed by the petitioners and verify the threat perception. In case the same is found genuine, appropriate steps be taken in accordance with law, as may be warranted.

7.

The petition stands disposed of in above terms. NOVEMBER 03, 2020 (ARUN MONGA) shalini JUDGE Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No VIVEK PAHWA 2020.11.03 11:35 I attest to the accuracy and integrity of this document