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High Court of Punjab and HaryanaCRM-M/54546/2022dismissed

Jasmeen Kaur Sandhu And Others v. State Of Haryana And Others

2023-04-26Mr. Justice Harsh Bunger2 pages

2023:PHHC:059100

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-54546-2022 Date of Decision: 26.04.2023 JASMEEN KAUR SANDHU AND OTHERS

...Petitioners

Versus

STATE OF HARYANA AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE HARSH BUNGER Present :

Mr. Mandeep Sindhu, Advocate for Mr. Sanjiv Gupta, Advocate for the petitioners.

Mr. Amrik Narwal, D.A.G., Haryana.

HARSH BUNGER, J. (ORAL) Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, for restraining the official respondents to hold the repeated inquiries against them, pursuant to FIR No.0139 dated 15.03.2022, registered under Sections 120-B, 147, 149, 201, 302 and 506 of the Indian Penal Code, at Police Staton Sadar Dabwali, District Sirsa (Annexure P-1).

Additional Status report by way of an affidavit of Sh. Kuldeep Singh Beniwal, HPS, Deputy Superintendent of Police, Dabwali, District Sirsa, on behalf of respondents No.1 and 2, has been filed in the Court today, which is taken on record, subject to all just exceptions. As per the afore-said Additional Status Report, thorough inquiry was conducted by different Investigating Agencies, including the Special Investigation Team (SIT) consisting of Sh. Arsh Verma, IPS, ASP Jind, Incharge CIA Staff Jind, SI Kuldeep Singh, CIA Staff Jind, GURPREET KAUR 2023.04.27 10:52 I attest to the accuracy and authenticity of this order/judgment

CRM-M-54546-2022 -2ASI Surender, CIA Staff Jind, wherein the petitioners and other accused as named in the FIR were not found to be involved for the death of Mukesh Kumar. It is further submitted in the additional status report that the cancellation report was prepared on 18.07.2022, which was approved by the Superintendent of Police on 05.04.2023. It is further submitted therein that the cancellation report was submitted before the learned Judicial Magistrate Ist Class, Dabwali/Illaqa Magistrate, Dabwali on 19.04.2023, wherein notice has been issued to the complainant for the date fixed i.e. 15.05.2023. Said order dated 19.04.2023 passed by Judicial Magistrate Ist Class, Dabwali, reads as under :- " Cancellation report presented today before me being Area Magistrate. It be checked and registered. Complainant did not appear.

Accordingly, notice of the present cancellation report shall be issued to the complainant for 15.05.2023 through SHO concerned." In view of the afore-said additional status report filed by learned State counsel, learned counsel for the petitioners submits that he may be permitted to withdraw the present petition with liberty to the petitioners to avail their remedy/ies in accordance with law. Accordingly, the present petition is dismissed as withdrawn with liberty afore-mentioned.

April 26, 2023 (HARSH BUNGER) gurpreet JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No GURPREET KAUR 2023.04.27 10:52 I attest to the accuracy and authenticity of this order/judgment