High Court of Punjab and HaryanaCWP/9749/2015dismissed

Jasdeep Singh Bains v. Union Of India And ORS

2015-12-03Mr. Justice Satpal,Mr. Justice S.S. Saron2 pages

In the High Court of Punjab and Haryana, at Chandigarh Civil Writ Petition No.9749 of 2015 Date of Decision: 03.12.2015 Jasdeep Singh Bains ... Petitioner

Versus

Union of India and Others ... Respondents

CORAM:

Hon'ble Mr. Justice Satish Kumar Mittal.

Hon'ble Mr. Justice Shekher Dhawan.

Present:

Mr. Jasdeep Singh Bains, Petitioner in person. Mr. Sukhdeep S. Sandhu, CBI Special Prosecutor for respondents No.1 & 2.

Mr. R.S. Cheema, Senior Advocate with Mr. K.S. Nalwa, Advocate for respondents No.3 & 4.

Mr. Ashok Aggarwal, Advocate General, Punjab with Mr. Vinod S. Bhardwaj and Mr. Rajat Khanna, Additional Advocate Generals, Punjab for respondents No.5 & 6.

Satish Kumar Mittal, J.(Oral) The petitioner, who is a practising Advocate of this Court, has filed this petition under Article 226 of the Constitution of India in public interest for issuing directions to respondents No.1 and 5 to hand over the investigation of Moga Bus tragedy case to the CBI in which a minor girl was molested along with her mother and were thrown out of the bus allegedly by the conductor. DEEPAK KUMAR BHARDWAJ 2015.12.05 14:35 I attest to the accuracy and authenticity of this document

Civil Writ Petition No.9749 of 2015 In the written statement filed by the respondent-State, it has been stated that pertaining to the said occurrence, an FIR No.62 dated 30.4.2015 was registered at Police Station Bagha Purana, District Moga. The investigation in the said case has been conducted by the District Police, Moga and after investigation the challan has been filed before the competent Court on 24.7.2015 against four accused.

After hearing the learned counsel for the parties and keeping in view the aforesaid facts, we do not find any ground to hand over the investigation to the CBI. If the aforesaid trial is not progressed or if the petitioner feels that proper evidence is not led by the prosecution, it will be open for the petitioner to move before the concerned Court, where the said case is pending, for necessary direction, if the same is permissible under the law. Accordingly, this petition stands dismissed.

(Satish Kumar Mittal) Judge (Shekher Dhawan) Judge December 3, 2015 "DK"

DEEPAK KUMAR BHARDWAJ 2015.12.05 14:35 I attest to the accuracy and authenticity of this document