Pardeep (Minor) v. State Of Haryana And Others

 





 



IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-35636-2023 Decided on : 25.07.2023 Pardeep . . . Petitioner

Versus

State of Haryana and others . . . Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY **** PRESENT: Mr. Ajit Sihag, Advocate for the petitioner Mr. Dhruv Sihag, AAG, Haryana **** AMAN CHAUDHARY, J.

1.

The present petition has been filed under Section 482 Cr.P.C. for issuing direction to the respondent Nos. 2 to 4 to investigate and inquire the present matter in case FIR No. 225 dated 10.06.2023 registered under Sections 323, 324, 325 and 34 of the Indian Penal Code, 1860 (Section 302 IPC added later on) at Police Station Sadar Hansi, Police District Hansi. 2.

Learned counsel for the petitioner contends that FIR in question was lodged by the petitioner against respondent Nos. 5 and 6 on account of murder of his uncle. There are specific allegations against the said accused causing injuries but till date they have not been arrested and proper investigation is not being carried out.

3.

On receipt of advance notice, Mr.Dhruv Sihag, AAG, Haryana puts in appearance and states that the investigation in the matter is going on and two MEHAK HURIA 2023.08.03 17:33 I attest to the accuracy and integrity of this document

 





 

accused Jagphool and Ajay have already been arrested. 4.

Heard.

5.

Hon'ble The Supreme Court in the case of Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 has categorically held that, "We have elaborated on the above matter because we often find that when someone has a grievance that his FIR has not been registered at the police station and/or a proper investigation is not being done by the police, he rushes to the High Court to file a writ petition or a petition under Section 482 Cr.P.C. We are of the opinion that the High Court should not encourage this practice and should ordinarily refuse to interfere in such matters, and relegate the petitioner to his alternating remedy, firstly under Section 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3)." 6.

In the present case, the dispute is inter se the family members. The FIR in question was lodged only on 10.06.2023 and the investigation is underway and two accused already stand arrested.

7.

In view of the above, the present petition being bereft of merit is dismissed.

(AMAN CHAUDHARY) JUDGE 25.07.2023 Mehak Whether reasoned/speaking?

Yes/No Whether reportable?

Yes/No MEHAK HURIA 2023.08.03 17:33 I attest to the accuracy and integrity of this document