Poonam Mehant v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

Date of decision : August 13, 2024 Poonam Mehant ....Petitioner

VERSUS

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI Present :

Mr. SPS Sidhu, Advocate, for the petitioner Mr. Pardeep Bajaj, DAG, Punjab Mr. GS Brar, Advocate, for the private respondents KULDEEP TIWARI,J. (ORAL) 1.

Through the instant petition, preferred under Section 482 of Cr.P.C., prayer is made for issuance of directions upon the official respondents, to conduct fair and impartial investigation in case FIR No. 234 dated 25.5.2021, under Sections 452, 365, 336, 379, 323, 506, 148, 149 IPC (Sections 379 and 392 IPC, deleted) and under Sections 429 and 395 IPC, added later on) and under Section 27 of Arms Act, 1959, registered at Police Station Kotwali, Patiala, District Patiala.

2.

The detailed reply to the instant petition was filed on 13.3.2024, whereby, it was informed to this Court that investigation already stands completed in the FIR (supra), and cross-case, which

has been registered at the behest of the accused persons, and the final report would be filed with the learned Illaqa Magistrate concerned.

3.

Today learned counsel for the State, on instructions imparted to him, by SI Kirpal Singh, informs this Court that the investigation in the FIR (supra), has been completed, and final report has already been filed. So far as the cross case is concerned, they are in the process of filing the final report, as earlier the same was not filed because some of the accused persons were not arrested.

4.

Learned counsel for the petitioner submits that now the investigation is complete, however, the investigation has been conducted utterly in biased manner, as no proper offences are added in the FIR (supra), and some of the persons have not been put to face the trial in the final report filed under Section 173 Cr.P.C. by the prosecution.

5.

This Court has considered the submissions made by the learned counsel for the petitioner, and the learned State counsel, as well as Mr. GS Brar, who has caused appearance on behalf of the private respondents.

6.

Since the investigation in the instant matter has already been complete, and final report has been filed, this Court is refrained

to pass any asked for mandamus upon the official respondents, at this stage. However, the liberty is granted to the petitioner to raise all such pleas, as raised through the instant petition, before this Court, by filing an appropriate motion before the learned trial court concerned.

7.

The instant petition is disposed of with the aforesaid liberty.

( KULDEEP TIWARI ) August 13, 2024 JUDGE 'tiwana'

Whether speaking/reasoned ?

Yes/No Whether Reportable ?

Yes/No