Naveen Malhotra v. State of Haryana
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COURT OF PUNJAB & HARYANA AT CHANDIGARH…
COURT OF PUNJAB & HARYANA AT CHANDIGARH…
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-23574/2010(O&M) Date of decision: 20.8.2010.
Naveen Malhotra
....................Petitioner
v.
State of Haryana
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.Gaurav Mohunta,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Prayer under Section 482 Cr.PC is to direct the State of Haryana to fairly and properly investigate the case FIR No.415 dated 28.7.2010 under Sections 325,323,148,149 IPC, PS Yamuna Nagar City,Distt.Yamuna Nagar.
From a perusal of the averments made in the petition it appears that petitioner's family is running a factory under the name and style of Maha Laxmi Namkeen Udhyog at Yamuna Nagar. Kastoori Lal-father of the petitioner has three brothers namely Ashok Kumar, Sikander Lal and Gulshan Kumar, who are younger to him. On 18.7.2010, petitioner's uncles and their family members attacked the petitioner, his parents and sisters over ownership of said factory regarding which aforesaid FIR already stands registered. The grievance of the petitioner is that after the registration of the said FIR
till date neither the accused have been arrested nor interrogated with regard to the said occurrence. In these circumstances a prayer has been made to direct the police authorities to make a fair, proper and prompt investigation in the aforesaid FIR.
Heard learned counsel for the petitioner.
In my opinion, the present petition is pre-mature. The occurrence took place on 18.7.2010. After registration of the FIR, the police is bound to investigate the matter in a fair, proper and prompt manner. No directions are required to be issued for that, unless it is proved that police is helping the accused due to some extraneous considerations. No such allegation has been made by the petitioner in the instant petition.
Accordingly, finding no merit in this petition the same is hereby dismissed.
20.8.2010 (Jaswant Singh) joshi Judge
Naveen Malhotra
State of Haryana
Jaswant Singh
As recorded by the court registry
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