Harpal Singh Dhillon v. State Of Punjab And Others

CRM-M-58656-2022 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-58656-2022 Decided on : 05.01.2023 Harpal Singh Dhillon ...... Petitioners

Versus

State of Punjab and others ...... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL Present :

Mr. Vivek Singla, Advocate for the petitioner.

**** Manjari Nehru Kaul, J.(Oral) Petitioner is seeking issuance of directions to respondent No.2 for directing respondents No.3 and 4 to conduct a fair and impartial investigation. Besides this, a prayer has also been made for directing the official respondents to look into the representation dated 27.11.2022 (Annexure P-4) moved by the petitioner as respondent No.4 is harassing the petitioner by holding a parallel inquiry even though an earlier complaint dated 21.12.2021 (Annexure P-1) moved by the private respondent against the petitioner was consigned to the record room. Learned counsel appearing for the petitioner while inviting the attention of this Court to the complaint dated 21.12.2021 (Annexure P-1) and inquiry report dated 18.04.

2022 (Annexure P-2) submits that a closure report had been filed by the police after conducting a thorough inquiry into the complaint made against the petitioner. However, under the garb of a second complaint moved by private respondent the petitioner was being repeatedly called to the police station and harassed by respondent No.4. Notice of motion.

SONIA BURA 2023.01.06 14:22 I attest to the accuracy and integrity of this document

CRM-M-58656-2022 -2On the asking of Court, Mr. Amit Rana, Sr. DAG, Punjab accepts notice.

Learned State counsel on instructions submits that the closure report being referred to by the counsel opposite has no bearing on the case of the petitioner because the closure report in question had been filed with respect to a complaint registered at Ludhiana whereas now another complaint has been registered against the petitioner at Barnala. Learned counsel further submits that it is for investigating into the fresh complaint made against the petitioner at Barnala, he has been called to the police station and there is no question of the official respondents unnecessarily harassing him.

Heard learned counsel for the parties.

In view of the instructions received by the State counsel, this Court would thus, desist from issuing any directions as sought for by the petitioner. It needs to be reiterated that as and when any complaint is received against a person by the investigating agency for the commission of an offence, a Court of law should refrain from interfering in the investigation being carried out by the Investigating Agency as investigation of an alleged crime falls within the exclusive domain of the police. The present petition stands dismissed.

(MANJARI NEHRU KAUL) JUDGE 05.01.2023 sonia Whether speaking/reasoned:

Yes/No Whether reportable :

Yes/No SONIA BURA 2023.01.06 14:22 I attest to the accuracy and integrity of this document