High Court rejected the petitioner's plea to transfer investigation to a Special Investigating Team under Section 482 Cr.P.C., holding that the petitioner can raise the issue later under Section 319 Cr.P.C. after trial proceedings commence.
Petition for transfer of investigation dismissed.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No.18203-M of 2006
DATE OF DECISION:5.9.2006
Ramandeep kaur (minor) through ..........Petitioner her mother Inderjit Kaur
Versus
State of Punjab and Ors. ..........Respondents
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present:Shri Navkiran Singh, Advocate for the petitioner.
Shri N.S. Gill, AAG, Punjab.
The Petitioner, who is prosecutrix, in case FIR No. 91 dated 26.6.2005 under Sections 376,342,506 & 34 IPC, registered at Police Station Samrala, Police District Khanna, has filed this petition under Section 482 Cr.P.C. for issuing directions to hand over the investigation in the aforesaid case to Special Investigating Team headed by a lady IPS officer.
Pursuant to the notice issued, reply on behalf of respondentState has been filed.
Counsel for the respondent-State states that in this case after the investigation by the local police, challan has been filed against one accused and the other accused, namely, Samarjit Singh has been kept in column No.2, as he was found innocent during the investigation.
Counsel for the petitioner contends that Samarjit Singh is the real culprit and he has been wrongly declared as innocent by the police.
After hearing counsel for the parties and in view of these facts, I am not inclined to transfer the investigation to some other agency at this
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Crl. Misc. No.18203-M of 2006
stage, as in my opinion, the petitioner at the subsequent stage of the trial after recording her statement, will be at liberty to file an application under Section 319 Cr.P.C., if some evidence comes against him.
Dismissed with the aforesaid observations.
September 5, 2006 (SATISH KUMAR MITTAL) pooja JUDGE
2 issues framed by the court
Whether the investigation under Section 482 Cr.P.C. should be transferred to a Special Investigating Team.
Whether the petitioner is entitled to seek re-investigation or transfer of investigation at this stage.
2 provisions across 1 enactments
Ramandeep kaur
State of Punjab
SATISH KUMAR MITTAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
