Sukhdayal And Others v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-23356-2018 Date of Decision : April 21, 2025 SUKHDAYAL AND OTHERS -PETITIONERS V/S STATE OF HARYANA AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Akshay Jindal, Advocate with Mr. Bhavya Vats, Advocate and Mr. Vrishank Suri, Advocate for the petitioner.

Mr. Bhupender Singh, D.A.G., Haryana.

Mr. Pankaj Bali, Advocate for the respondents No.4 to 8.

Mr. Kuldeep Sheoran, Advocate for the respondent No.10.

*** KULDEEP TIWARI, J. (ORAL) 1.

The prayer made in the present writ petition appertains to issuance of directions upon the respondent No.1, to transfer the investigation of FIR No.719 dated 26.08.2018, registered under Sections 186, 323, 332, 353 of the IPC, at P.S. Karnal Civil Lines, District Karnal, to some other District or to some independent agency. Moreover, prayer is also made for issuance of directions upon the respondent No.2, to take appropriate action against the respondents No.4 to 10, who illegally detained the petitioners in police custody on 25.08.2018 and caused beatings to them.

2.

Succinctly stated; the entire issue revolves around an incident which took place on 25.08.2018. On 22.08.2018, one Nitu Kumar submitted a written complaint against one Sanju and Rajeev. Along with this complaint, the DEVINDER YADAV 2025.04.23 16:44 I attest to the accuracy and authenticity of this order/judgment

CWP-23356-2018 MLR of the injured was also attached. This complaint was marked to A.S.I. Gurdyal for necessary action. In the meanwhile, both the parties decided to compromise the matter and accordingly, they were called in the police station on 25.08.2018. However, in the police station, a scuffle took place between both the parties and resultantly the police officials had to intervene. Apart from allegations and counter allegations being levelled by both the parties against each other, the petitioners have also levelled allegations of commission of atrocities against the police officials/ respondent(s) concerned. 3.

Today, the learned State counsel has, after having instructions from the quarter concerned, informed this Court that the prayer made in the present writ petition has become infructuous inasmuch as the investigation of the FIR (supra) already stands completed and even the chargesheet also stands filed way back on 26.04.2024. He further submits that, one prosecution witness has also been examined by the trial Court.

4.

Be that as it may, considering the information purveyed by the learned State counsel, especially the stage of trial, this Court refrains from making any observation with regard to the contentions of the petitioners and leave it for the trial Court to decide this issue in accordance with law. Moreover, in case the petitioners have any grievance left, they are at liberty to approach the trial Court/Illaqa Magistrate concerned by taking recourse to the appropriate statutory remedy.

5.

Disposed of accordingly.

(KULDEEP TIWARI) April 21, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.04.23 16:44 I attest to the accuracy and authenticity of this order/judgment