The High Court of Punjab and Haryana considered a petition under Section 482 CrPC seeking directions for expeditious investigation and arrest of the accused. The Court held the petition infructuous as the accused was already arrested and investigation concluded.
Petition dismissed as infructuous in terms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 20393 of 2010 (O&M) Date of decision:- 19.11.2010
Baljit Kaur
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM:- HON'BLE MRS. JUSTICE SABINA
Present:Mr. Harpreet Kaur, Advocate for Mr. H.S. Baath, Advocate for the petitioner.
Mr. Amandeep Singh, DAG, Punjab for respondents No. 1 to 4.
Mr. Surinder Thakur, Advocate for the respondent No. 5. SABINA, J
Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure praying for issuing directions to conduct the investigations expeditiously and properly in case FIR No. 169 dated 26.9.2009 registered in Police Station Patti, District Tarn Taran under Section 376 of Indian Penal Code and to arrest the accused named in the said FIR i.e. Mohit Kumar @ Kaka s/o Varinder Kumar @ Kuku Shah, MC, r/o Nikki Mandi, near Bijlighar, Patti, District Tarn Taran involved in the said crime in the interest of justice.
Learned State counsel has filed reply on behalf of the respondents No. 1 to 4 wherein it has been stated that respondent No. 5 has been arrested on 4.11.2010 and produced before the Area Magistrate and has been sent to judicial lockup. Now investigation
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CRM-M No. 20393 of 2010 (O&M)
is complete and challan against respondent No. 5 will be presented soon. In these circumstances, petition has been rendered
infructuous.
Dismissed as infructuous.
November 19, 2010 shabha
(SABINA) JUDGE
1 issue framed by the court
Whether a writ petition under Section 482 CrPC praying for expeditious investigation and arrest becomes infructuous once the accused is arrested and investigation is completed.
1 provisions across 1 enactments
Baljit Kaur
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
