Vijay Kumar @ Shammi v. State Of Punjab And Others

CRM-M-33733 of 2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-33733 of 2019 Date of Decision: 28.11.2019 Vijay Kumar @ Shammi

...Petitioner

VERSUS

State of Punjab and others

...Respondents

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Saurav Bhatia, Advocate for Mr.S.S. Rangi, Advocate for the petitioner.

Mr. Avtar Singh Sandhu, Addl. A.G. Punjab.

******* SURINDER GUPTA, J.(Oral) Present petition was filed seeking direction to respondent no. 1 for conducting fair investigation in case bearing FIR No. 33 dated 04.05.2019, registered for the offence punishable under Section 302 read with Section 34 of Indian Penal Code (IPC), at Police Station Balachaur, District SBS Nagar in which offences punishable under Sections 316 and 498-A IPC were added later on and FIR No. 34 dated 04.05.2019, registered at the same police station and to entrust the investigation to some independent agency other than the local police or by some central law agency. Relief regarding conducting of investigation through Special Investigating Team (SIT) was also sought in the alternative. It was presented on last date of hearing that on the representation of complainant to Director Bureau of Investigation, further investigation in case bearing FIR No. 33 dated 04.05.2019 was entrusted to Senior Superintendent of Police, Hoshiarpur.

Learned counsel for the petitioner has raised the issue that JITENDER KUMAR 2019.11.28 17:01 I attest to the accuracy and integrity of this document Chandigarh

CRM-M-33733 of 2019 -2allegations in FIR No. 34 dated 04.05.2019, registered at the same police station are inter-linked with allegations in FIR No. 33 dated 04.05.2019, as such, both the cases may be investigated by same investigating agency. On the submission of learned counsel for the petitioner investigation of case bearing FIR No. 34 dated 04.05.2019 was also ordered to be entrusted to Senior Superintendent of Police, Hoshiarpur. Learned State counsel submits that on entrustment of investigation in both the cases, Senior Superintendent of Police, Hoshiarpur has constituted a SIT headed by Superintendent of Police (Headquarters), Hoshiarpur.

Keeping in view the fact that investigation of the case, as desired by the petitioner, has already been shifted to another agency other than the local police and SIT has been constituted, no further action in the matter is required to be taken.

Instant petition stands disposed of accordingly. ( SURINDER GUPTA ) November 28, 2019 JUDGE jk Whether speaking/reasoned: Yes/No Whether Reportable:

Yes/No JITENDER KUMAR 2019.11.28 17:01 I attest to the accuracy and integrity of this document Chandigarh