Harminder Singh v. State Of Punjab And Others

2024:PHHC:003285

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-55998-2023 Date of Decision : January 11, 2024 HARMINDER SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. M.S. Longia, Advocate for the petitioner.

Mr. M.S. Bajwa, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., the petitioner seeks issuance of directions upon the respondents No.1 and 2 to transfer the investigation of FIR No.194 dated 23.09.2021, under Section 420, 465, 467, 468 and 471 of the IPC, registered at P.S. City Rupnagar, District Rupnagar, to a senior IPS Officer, outside the jurisdiction of District Rupnagar. 2.

The learned counsel for the petitioner craves for the relief (supra) on the ground that despite lapse of two years, the investigation has not yet been concluded, owing to indolent approach of the investigating agency.

3.

Per contra, the learned State counsel, by drawing attention of this Court towards paragraphs No.8 and 9 of the status report dated 23.11.2023, submits that the petitioner has concealed, in the petition, the factum qua settlement dated 06.10.2020, besides submits that the delay in DEVINDER YADAV 2024.01.11 16:58 I attest to the accuracy and authenticity of this order/judgment

CRM-M-55998-2023 2024:PHHC:003285 conclusion of investigation has occurred owing to non receipt of FSL Report. The relevant paragraphs No.8 and 9 of the status report (supra) are reproduced hereinafter:- "8. That it is further submitted that from the investigation carried out in the present case, it has been found that the petitioner has received Rs.6,30,000/- from the wife of respondent No.6 through cheque No.491081 in the account of his son Sarabjit Singh, by way of settlement dated 06.10.2020. It is further submitted that the said cheque was got encashed in the account of the son of the petitioner on 15.10.2020.

9. It is further submitted that thorough investigation of the case is being carried out in accordance with law and without any bias. It is further submitted that the report of FSL, Punjab is awaited and on receipt of report of the FSL, Punjab, and after thorough investigation of the case, final report of the case would be presented to the court of competent jurisdiction." 4.

In view of the above, though the petitioner has concealed the factum regarding settlement dated 06.10.2020, wherethrough, he received Rs.6,30,000/- from the wife of respondent No.6, yet since a period of two years has lapsed since the registration of FIR, this Court deems it appropriate to direct the investigating agency to make all possible efforts to complete the investigation most expeditiously, preferably within six months from today.

5.

Disposed of accordingly.

(KULDEEP TIWARI) January 11, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.01.11 16:58 I attest to the accuracy and authenticity of this order/judgment