Arvinder Kumar v. State Of Punjab

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IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-39609-2024 (O&M) Date of Decision:- 25.09.2024


 ....Petitioner(s)

Versus

STATE OF PUNJAB

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. Atul Kaushik, Advocate for the petitioner. Mr. Adesh Pal Singh, AAG Punjab.

***** SANJIV BERRY, J. (ORAL) By way of present petition filed unde          

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2. Learned counsel for the petitioner, inter alia, contends that the petitioner is innocent and has been falsely implicated in the case. He submits that the name of the petitioner is neither mentioned in the FIR nor he has any concern with the alleged transaction. He further submits that the police has already filed the challan against the accused named in the FIR itself way back on 14.03.2024, but in order to harass the petitioner, the police is issuing notices under Section 41-A CrPC and in this regard learned counsel has referred to Annexures P-2 to P-4. i.e. the notices issued to the petitioner by Police Station Mataur.

3. Notice of motion.

4. On the asking of the Court, Mr. Ankit Grewal, DAG Punjab present in Court, accepts notice on behalf of the respondent-State and on instructions from ASI Devinder Singh submits that admittedly the name of the petitioner is not mentioned in the FIR, and challan against the accused persons named in the FIR has been presented in the Court on 14.03.2024.

5. To a query that once the challan has been presented in the Court under what provision the police is calling the petitioner, the Investigating Officer     

   

               Senior Superintendent of Police, SAS Nagar (Mohali) along with action taken report against the guilty official, if any, on or before the next date of hearing.

7. List on 06.09.2024.

8. In the meanwhile, the petitioner is hereby directed to join investigation within seven days from today and co-operate in the same. In the event of the arrest of the petitioner, he shall be released on interim bail on his furnishing personal/surety bonds to the satisfaction of the Arresting Officer/Investigating Officer. He shall also abide by conditions as envisaged under Section 438(2) Cr.P.C."

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<2#   312# - ,- >2 ' <'- (SANJIV BERRY) JUDGE 25.09.2024 S.Sharma(syr) i) Whether speaking/reasoned?

Yes/No ii) Whether reportable?

Yes/No