Ajay Chopra And Another v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M No. 46511 of 2021 (O&M) Date of Decision: 09.02.2022 Ajay Chopra and another .......... Petitioners

Versus

State of Punjab and others .......... Respondents CORAM: HON'BLE MR. JUSTICE SURESHWAR THAKUR

Present:

Ms. Rishma Verma, Advocate for the petitioners.

Mr. Balbir Singh Sewak, Additional Advocate General, Punjab for official respondent Nos. 1 to 7 / State.

**** SURESHWAR THAKUR, J. (ORAL) 1.

The petitioners, by filing the present petition under Section 482 of the Code of Criminal Procedure, 1973, inter alia, are claiming to conduct an inquiry, in a fair and impartial manner, upon, a complaint bearing UID No. 2032347 of 18.05.2021, as, pending before co-respondent No.4, and, qua investigations into an FIR No.108 of 15.09.2021, which became registered at Police Station Division No. 2, Jalandhar, constituting therein offences under Sections 406, 420 of the IPC, and, under Section 13 of the Punjab Travel Professional (Regulation) Act, 2014. 2.

The learned counsel for the petitioners submits, that despite thereins, there being no incriminatory evidence against the petitioners, the latter is being harassed and humiliated by the officials concerned, through theirs repeatedly summoning him.

3.

There is no material on record, at this stage, to well found the above submission, that the investigations in the FIR (supra) is being done in DINESH KUMAR 2022.02.10 18:13 I attest to the accuracy and authenticity of this document

CRM-M No. 46511 of 2021 (O&M) -2an unfair and impartial manner, by the investigating agency concerned, and, or, in collusion with private co-respondent Nos. 8 to 13, nor, when there is any prayer made in the petition for transferring the investigations from the present investigating agency to some other investigating agency. 4.

Consequently, the restricted prayer made in the petition, qua the respondents being directed to conduct fair investigation(s), into the offences (supra), is yet allowed, given an oral prayer being made before this Court, that in case a direction is made upon the respondents concerned, to decide the representations, as, made by the petitioners before the authorities concerned, and, respectively embodied in Annexures P-1 to P-3, through a speaking order, thereupon justice would be done. 5.

Even the learned State Counsel, does not have any objection, to an order being made by this Court to respondents concerned, to look into and decide through a speaking order, representations respectively, appended with the petition, as, Annexures P-1 to 3.

6.

Consequently, this Court directs respondents concerned, to within three weeks hereafter, hence decide the afore representations, respectively, appended with the petition, as, Annexures P-1 to 3, through a speaking order. However, the above order shall not restrict the authority concerned, to, draw appropriate action in accordance with law, against all the accused concerned.

7.

Disposed of.

February 09, 2022 ( SURESHWAR THAKUR ) 'dk kamra'

JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No DINESH KUMAR 2022.02.10 18:13 I attest to the accuracy and authenticity of this document