Anil Kumar And Others v. State Of Haryana And Others

IN THE PUNJAB AND HARYANA HIGH COURT AT

CHANDIGARH Date of Decision: 03.10.2024 ANIL KUMAR AND OTHERS ... Petitioners

VERSUS

STATE OF HARYANA AND OTHERS ... Respondents CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ. ****

Present:

Mr. Deepender Pratap Singh, Advocate for Dr. (Mr.) Pankaj Nanhera, Advocate for the petitioners.

Mr. Pankaj Mulwani, DAG, Haryana for respondents No.1 to 4.

Mr. Mukul Aggarwal, Advocate for respondents No.5 to 8.

**** VINOD S. BHARDWAJ, J. (ORAL) Prayer in the present petition is for directing the respondent-State to constitute a Special Investigation Team (SIT) to investigate and take action in FIR No.152 dated 01.06.2023 under Sections 420, 467, 468 and 471 of IPC registered at Police Station Rajendra Park, Gurugram, FIR No.151 dated 31.05.2023 under Sections 420, 467, 468 and 471 of IPC registered at Police Station Rajendra Park, Gurugram; FIR No.151 dated 05.07.2023 under Sections 120-B, 420, 467, 468 and 471 of IPC registered at Police Station Sushant Lok, Gurgaon and FIR No.175 dated 18.05.2022 under Section 10 of Haryana Development and Regulation of Urban Areas Act, 1975 registered at Police

-2Station Rajendra Park, Gurgaon and all other similar cases registered against the private respondents in the State of Haryana. Learned State Counsel contends that as per the reply filed by the State, the grievance raised by the petitioners in the present writ petition already stands redressed as vide order dated 05.06.2023 passed by DCP (West), Gurugram, an SIT has been constituted to investigate the above FIRs registered at Police Station Rajendra Park. The said SIT is headed by Station House Officer, Police Station Rajendra Park, who is being assisted by the other team members.

It is contended by the counsel for respondents No.5 to 8 that three FIRs have been mentioned in the abovesaid order dated 05.06.2023 whereas four FIRs have been referred to in the present writ petition. He further submits that he would have no objection in case all the four FIRs are ordered to be investigated by the SIT.

The aforesaid reply was filed in Court on 18.12.2023 with copy in advance to the counsel for the petitioners and no objection to the composition and constitution of the SIT has been raised by the petitioners at any point of time.

Accordingly, the present writ petition is disposed of as having been rendered infructuous insofar as the substantive prayer made in the present petition is concerned. The respondent-State is directed to transfer even the fourth FIR bearing No.151 dated 05.07.2023 under Sections 120-B, 420, 467,

-3468 and 471 of IPC registered at Police Station Sushant Lok, Gurgaon to the abovesaid SIT.

Disposed of accordingly.

(VINOD S. BHARDWAJ) OCTOBER 03, 2024 JUDGE rajender Whether speaking/reasoned : Yes/No Whether reportable : Yes/No