High Court of Punjab and HaryanaCRM-M/35751/2019disposed of

Anil Kumar v. State Of Haryana And ORS

2022-03-15Mr. Justice Vinod S. Bhardwaj2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (223) CRM-M-35751-2019 Date of decision : 15.03.2022 Anil Kumar .........Petitioner

VERSUS

State of Haryana and others ..........Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present:- Mr. Gulshan Nandwani, Advocate, for the petitioner. Mr. Kanwar Sanjiv Kumar, AAG, Haryana.

**** VINOD S. BHARDWAJ, J. (Oral) The case has been taken up through Video Conferencing via Webex facility in the light of Pandemic Covid-19 situation and as per instructions.

The prayer in the instant petition filed under Section 482 Cr.P.C., is for transfer of investigation of FIR No.0072 dated 30.03.2019 registered under Sections 307, 435, 34 IPC and 25 of Arms Act, 1959, at Police Station Bawal, District Rewari (Annexure P-1) to some independent agency and adequate direction to the official respondents No.2 and 3 to conduct investigation in the matter.

Pursuant to the notice of motion issued on 29.08.2019, a reply by way of affidavit of Jai Singh, H.P.S. Deputy Superintendent of Police, Bawal, District Rewari, on behalf of respondents No.1 to 3 has been filed. A perusal of the same shows that the matter was investigated by the Investigating Agency, however, no incriminating circumstances could be noticed. It was also found that there is a civil dispute pending amongst the

CRM-M-35751-2019 (O&M -2parties which was pending before the Hon'ble Supreme Court of India. Learned State counsel on instructions, apprises that the investigation in the matter stands concluded and that a cancellation report has already been filed before the Illaqa Magistrate on 25.08.2021. In view of the status report filed and the statement made by the learned State counsel on instructions from the Investigating Officer, no further direction in the matter is called for. Counsel for the petitioner may, if so advised, move an appropriate application before the Illaqa Magistrate for taking recourse to his remedies in accordance with law. (VINOD S. BHARDWAJ) 15.03.2022 JUDGE anil Whether speaking/reasoned :

Yes/No Whether reportable Yes/No