Kesar Singh And Another v. State Of Punjab And Others

CRM-M-50186-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-50186-2024 Date of Decision: October 04, 2024 Kesar Singh and another ......Petitioners

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Sahil Khunger, Advocate for the petitioners.

........

RAJESH BHARDWAJ, J.(ORAL) Present petition has been filed praying for issuance of direction to respondents No.1 to 3 to arrest the accused/respondents No.4 and 5 for commission of offence in GD No.20, dated 30.06.2024 (Annexure P-2) in FIR No.0149, dated 20.06.2024, under Sections 307/458/336/506/148/149 IPC and Section 25 of Arms Act, registered at Police Station Tripri, District Patiala (Annexure P-1), who are moving freely and are threatening the petitioners and their family members. It is further prayed to issue direction to respondents No.2 and 3 for addition of offences under relevant provisions of IPC in GD No.20, dated 30.06.2024 in view of the fact that petitioner received grievous injuries at the hands of respondents No.4 and 5 in view of the medical record annexed alongwith the present petition. 2.

It has been submitted by learned counsel for the petitioner that despite the report having been registered, there is no progress in the MEENU 2024.10.19 13:12 I attest to the accuracy and integrity of this document investigation and Investigating Agencies are intentionally not proceeding

CRM-M-50186-2024 -2with the same.

3.

Notice of motion to respondents No.1 to 3-State only. 4.

On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State and submits that fair and impartial investigation is already under progress and the same would be concluded expeditiously. 5.

After hearing learned counsel for the parties, the Court does not find any ground for issuance of direction to the Investigating Agency for arresting the accused as investigation lies within the domain of the Investigating Agency and interference by this Court can only be done in a situation when investigation is being conducted in an arbitrary manner. However, there is nothing on the record to suggest the same. 6.

Hence, the present petition is dismissed. Investigating Agency is directed to proceed with the investigation and conclude the same expeditiously in a free and fair manner. However, the petitioners would be at liberty to pursue their remedies in accordance with law if any further cause of action accrues to them.

October 04, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.10.19 13:12 I attest to the accuracy and integrity of this document