Tilak Raj v. State Of Haryana And Others

2023:PHHC:154794 CRM-M-41562-2023 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-41562-2023 (O&M) Date of decision : 05.12.2023 Tilak Raj

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU Present :

Mr. Krishan Singh, Advocate, for the petitioner.

Mr. Kiran Pal Singh, AAG, Haryana, for respondent No.1.

Mr. S.S.Bairagi, Advocate, for respondents No.2 to 4.

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 439(2) of the Code of Criminal Procedure (for short, 'Code') for cancellation of order dated 02.08.2023 (P-5) passed by learned Judicial Magistrate 1st Class, Indri, whereby respondents No.2 to 4 were granted default bail under Section 167(2) of the Code in FIR No.139 dated 01.03.2023, under Sections 406 and 420 of the Indian Penal Code, 1860, registered at Police Station Indri, District Karnal.

2.

Sole ground for grant of bail to respondents No.2 to 4 was nonpresentation of challan by the Investigating Agency within stipulated period under the Code.

VIRENDRA SINGH ADHIKARI 2023.12.05 19:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:154794 CRM-M-41562-2023 (O&M) -23.

Now, report dated 05.12.2023 by way of affidavit of Subhash Chander, HPS, Deputy Superintendent of Police, Indri, District Karnal, has been filed by learned State counsel. The same is taken on record. Copy thereof supplied to the opposite side. Registry to tag the same at appropriate place.

4.

A perusal of the aforesaid reply reveals that disciplinary action has already been initiated against ESI/HC Ram Dia. 5.

In view of the above, this Court is not inclined to interfere with the impugned order.

6.

Consequently, present petition is disposed off. 7.

Quarter concerned is directed to proceed in the matter expeditiously and final decision taken against the police official be sent to the Registry of this Court on or before 30.04.2024. 8.

Pending application(s), if any, shall stand disposed off. 05.12.2023 (MAHABIR SINGH SINDHU) adhikari JUDGE Whether speaking / reasoned :

Yes No Whether Reportable :

Yes No VIRENDRA SINGH ADHIKARI 2023.12.05 19:10 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh