Shiv Dutt Sharma v. State Of Haryana And ANR.

CWP No. 8118 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 8118 of 2018 Date of decision : 07.12.2018 Shiv Dutt Sharma ....Petitioner V/s State of Haryana & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. APS Deol, Sr. Advocate with Mr. H.S. Deol, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG Haryana.

RAJAN GUPTA J.

Petitioner has prayed for quashing of order dated 20.03.2017, Annexure P-4 whereby SI Raj Kumar has been associated with the investigation. According to learned counsel, a fair and impartial investigation cannot be expected in case said official is associated with the investigation. A query has been put to learned State counsel in this context. At the outset, he submits that the SIT as constituted by the DGP would continue the investigation. As a new Superintendent of Police, Sirsa has already joined, he would be a part of the SIT. It is settled principle that accused cannot choose the investigating officer who shall comprise the investigation team. There is, thus, no occasion for quashing the impugned order, Annexure P-4. However, it is made clear that investigation shall be conducted impartially AJAY KUMAR 2018.12.07 17:08 I attest to the accuracy and authenticity of this document

CWP No. 8118 of 2018 by the SIT constituted by the DGP without delegating its power to any official.

In view of above, petition is hereby disposed of. December 07, 2018 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No AJAY KUMAR 2018.12.07 17:08 I attest to the accuracy and authenticity of this document