High Court of Punjab and HaryanaCWP/2179/2017disposed of

Deepak v. State Of Haryana And Others

2017-02-21Mr. Justice Arun Monga2 pages

CWP No.2179 of 2017 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CWP No.2179 of 2017 Date of decision:21.02.2017 Deepak ... Petitioner Vs.

State of Haryana and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Rajesh Khandelwal, Advocate for the petitioner.

Mr. Rajbir Singh, AAG, Haryana.

AMIT RAWAL J. (Oral) Reply on behalf of the State has been filed in the Court which is taken on record.

In view of the reply filed by the respondents, investigation in the FIR bearing No.196 dated 13.08.2016 is stated to have been completed and cancellation report is contemplated to be filed. A copy of the reply has been given to Mr. Rajesh Khandelwal, Advocate. In case, the police files a cancellation report, the Magistrate would follow the procedure in accordance with law, in essence, shall call upon the petitioner, if he accepts the notice of cancellation to file the protest petition. Liberty is granted to the petitioner to take up all the pleas and lead evidence in support of the protest petition to belie the alleged investigation which according to the petitioner has been done in a most Savita 2017.02.23 14:31 I attest to the accuracy and integrity of this document High Court Chandigarh

CWP No.2179 of 2017 {2} biased and partial manner.

With the aforementioned observations, the writ petition stands disposed of.

However, before I could complete the order, Mr. Rajesh Khandelwal, Advocate submits that during the pendency of the present writ petition, accused in the previous FIR had caused injury to the petitioner and on the basis of the complaint, an FIR bearing No.40 dated 12.02.2017 under Sections 323, 324, 34 and 506 of Indian Penal Code, has been registered at Police Station Israna, Panipat.

Mr. Rajbir Singh, learned Assistant Advocate General, Haryana on instructions from Mr. Kunwar Singh, Sub Inspector assured the Court that the inspection in respect of the allegations levelled in the aforesaid FIR shall be done in a most appropriate, impartial and un-biased manner and in case, something concrete is found, an appropriate action will be taken as per the provisions of Section 173 Cr.P.C.

(AMIT RAWAL) JUDGE February 21, 2017 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No Savita 2017.02.23 14:31 I attest to the accuracy and integrity of this document High Court Chandigarh