Sham Sunder v. State Of Punjab And Others

CRM-M-45111-2021 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (113) CRM-M-45111-2021 Date of decision: - 28.10.2021 Sham Sunder ....Petitioner

Versus

State of Punjab and others .....Respondents CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI Present:- Mr. Rishu Mahajan, Advocate, for the petitioner.

Mr. Kirat Singh Sidhu, Deputy Advocate General, Punjab. (keeping in view the advance copy given).

( Through Video Conferencing ) **** HARSIMRAN SINGH SETHI , J. (ORAL) Learned counsel for the petitioner submits that an FIR No.94 dated 11.05.2019, under Section 420 IPC and Section 13 of the Punjab Prevention of Human Smuggling Act, 2012, at Police Station Civil Lines, Amritsar has been registered on the asking of the petitioner against accused persons, but despite an expiry of two years, no action has been taken by the investigating agency. Learned counsel for the petitioner further submits that the appropriate direction needs to be issued to respondents No.2 and 3 to conduct free, fair and impartial investigation NARESH KUMAR 2021.10.28 05:04 I attest to the accuracy and integrity of this document

CRM-M-45111-2021 -2into the said allegations and file the appropriate report before the Competent Court of Law.

Learned State counsel on the other hand submits that though the petitioner is raising the grievance of non-conducting of the investigation as per procedure prescribed, but he has not approached any authorities raising the said grievance, much less respondent No.2, who is impleaded in the present petition.

Faced with this situation, learned counsel for the petitioner submits that the petitioner be allowed to withdraw this petition with liberty to approach respondent No.2 by filing an appropriate representation raising the grievance, as raised in the present petition, at this stage.

Learned State counsel submits that in case any representation is filed by the petitioner, the same will be decided in accordance with law within a period of eight weeks from the date of receipt of the same. Learned counsel for the petitioner submits that keeping in view the above-said statement of learned State counsel, petitioner does not want to press this petition any further and the same may be disposed of as such with liberty to file a representation as undertaken herein before. Ordered accordingly.

( HARSIMRAN SINGH SETHI ) October 28, 2021 JUDGE naresh.k Whether reasoned/speaking?

Yes Whether reportable?

No NARESH KUMAR 2021.10.28 05:04 I attest to the accuracy and integrity of this document