Riya Sharma v. State Of Punjab And Others

2023:PHHC:146544

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M No.57845 of 2023 Date of Decision : 17.11.2023 Riya Sharma ....Petitioner

VERSUS

State of Punjab and Others ....Respondents CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present :

Ms. Arti Kaur, Advocate for the petitioner.

ALKA SARIN, J. (Oral) 1.

This is a petition under Section 482 CrPC seeking transfer of the Enquiry in Complaint dated 13.12.2022 filed by the petitioner against respondent Nos.6 to 9.

2.

Learned counsel for the petitioner would contend that the complaint has been pending for a year and no action has been taken on the same. It is further the contention that the respondent Nos.6 to 9 are in the process of leaving the country.

3.

Notice of motion.

4.

Mr. Adhiraj Singh Thind, AAG Punjab, who is present in Court, accepts notice on behalf of respondent Nos.1 to 5. Learned State counsel on instructions from SI Ravinder Singh has stated that the matter was being investigated into and notices under Section 41-A CrPC were also sent to respondent Nos.6 to 9 and they appeared on 17.01.2023 and got their JITENDER KUMAR 2023.11.20 10:35 I attest to the accuracy and integrity of this order/judgment.

Chandigarh

CRM-M No.57845 of 2023 -12023:PHHC:146544 statements recorded. However, subsequently on 22.08.2023 the father of the petitioner, namely, Ram Kumar gave an application to Additional Inspector General of Police (NRI Wing) for change of the Inquiry Officer. On the basis of the said application, in the first week of September 2023, the Inquiry Officer was changed. Learned State counsel has further contended that the inquiry is being re-conducted by a new Inquiry Officer and the petitioner has been asked to submit all the relevant record to the Inquiry Officer. 5.

I have heard learned counsel for the parties. 6.

In view of the statement made by learned State counsel, there is no ground made out for transferring the complaint which is already being looked into by a new Inquiry Officer, who has been changed only on the application moved by the father of the petitioner. 7.

The present petition is accordingly dismissed. Pending applications, if any, also stand disposed off. ( ALKA SARIN ) 17.11.2023 JUDGE jk NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO JITENDER KUMAR 2023.11.20 10:35 I attest to the accuracy and integrity of this order/judgment.

Chandigarh