Kulbir Singh v. State Of Punjab And ORS.

CRM-M-51417-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-51417-2024 Date of Decision: October 21, 2024 Kulbir Singh ......Petitioner

Versus

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

Present:

Mr.Vikasdeep Singh. Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed praying for issuance of direction to respondents No.2 and 3 to carry out fair and impartial probe in the incident taken place on 17.09.2024 and subsequent dates, where although all the accused persons/private respondents have caused injuries to the persons of the petitioner and even a complaint has been made to the competent authorities to register a criminal case against the private respondents for an offence punishable under appropriate provisions of law but despite the same, no criminal case has been registered, which is against the precedent settled by the Constitutional Bench of Hon'ble Apex Court in Lalita Kumari vs State of UP and others 2013 (4) RCR (Criminal) 979. 2.

It has been submitted by learned counsel for the petitioner that in the alleged occurrence, the petitioner has been caused injuries which are duly proved by the MLR produced by the petitioner. He submits that MEENU 2024.10.22 14:44 I attest to the accuracy and integrity of this document

CRM-M-51417-2024 -2presently the FIR has been registered against the petitioner at the behest of the accused side but his version has not been recorded till date. 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, on instructions from ASI Major Singh that petitioner has not appeared before the Investigating Agencies and thus his version could not be recorded and if he would appear, his version would be recorded. 5.

In view of the statement made by learned State counsel, the present petition is disposed of. However, petitioner is directed to appear before the Investigating Agency, who would take into consideration his representation and MLR etc. and proceed with the matter in accordance with law.

October 21, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.10.22 14:44 I attest to the accuracy and integrity of this document