Petitioner sought transfer of investigation into Section 306 IPC charges to CBI due to apprehension of local police bias. Court dismissed petition without going into facts, leaving open further legal remedies.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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Crl. Misc. No. M-3181 of 2009 Date of Decision:- 23.3.2009
Harpreet Kaur
.... Petitioner
Versus
State of Punjab & Ors.
.... Respondent.
Present:- Mr. Mohd. Yousaf, Advocate for the petitioner.
Mr. P.S.Sidhu, Addl. A.G., Punjab. Mr. S.S.Sondhi, Advocate.
M.M.S.BEDI. (J) (Oral)
Sequal to the death of the husband of the petitioner, the matter was investigated and the petitioner along with her parents had been indicted as accused.
Dissatisfied with the investigtion, the petitioner had sought a direction to transfer of the investigation of the case, to CBI or some senior police officer, as she is having apprehension that the local police would be protecting some other police officers.
State counsel on the instrcutions of ASI Amrit Singh informs that the challan has already been presented. The petitioner has been charged along with two others for offence under Section 306 IPC.
I have gone through the reply filed by the State. In view of the assertions in the reply, I am of the opinion that it will not be possible to set at naught the entire investigations undertaken by the police. However, without expression of any opinion on the facts of the case
Crl. Misc. No. M-3181 of 2009
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registered against the petitioner, this petition is dismissed. It is left open to the petitioner to avail any other legal remedy available to her in accordance with law by producing the relevant material in her knowledge or available
with her.
Dismissed. March 23, 2009 (M.M.S.Bedi) tripti Judge
Harpreet Kaur
State of Punjab
M.M.S. Bedi
As recorded by the court registry
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