Petitioners invoked Section 482 Cr.P.C for transfer of investigation and registration of FIR for false implication in a murder case. The state counsel reported the FIR was canceled and accepted, rendering the petition infructuous.
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Crl.M.No.23837-M of 2009
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl.M.No.23837-M of 2009
Date of Order: 20.12.2010
Jora Singh and another
.....Petitioners
Vs.
State of Punjab and others
.....Respondents
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Rajvir Singh, Advocate for Mr. G.S. Kaura, Advocate for the petitioners.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab for respondent No.1.
Mr. J.S. Gill, Advocate for respondent Nos.3 & 4.
JASWANT SINGH, J (ORAL)
Father and wife of accused-Chamkaur Singh have invoked the jurisdiction under Section 482 Cr.P.C praying for issuance of directions to the respondents-police officials to hand over the investigation of FIR No.138 dated 13.8.2009 under Section 302 IPC, P.S Dharamkot, District Moga to some independent agency.
It is further prayed that an FIR be registered against respondent Nos.4 to 8 for false implication of Chamkaur Singh.
It was submitted that Chamkaur Singh has been falsely implicated at the instance of respondent Nos.4 to 8 regarding the alleged murder of his wife, who had subsequently re-surfaced and is petitioner No.2 herein.
Learned state counsel, on instructions from HC Varinder
Crl.M.No.23837-M of 2009 #2#
Kumar, states that after thorough investigations, a cancellation report was filed and the same has been accepted by the learned Illaqa Magistrate on 12.10.2009, therefore, the present petition has become infructuous.
Learned counsel for the petitioners, in view of the aforesaid circumstances, does not press this petition, however, seeks liberty to keep the issue of false implication by the said respondents open to be decided in appropriate proceedings in accordance with law.
Dismissed as not pressed with the aforesaid liberty.
December 20, 2010 ( JASWANT SINGH ) manoj JUDGE
1 issue framed by the court
Whether to grant directions for transfer of investigation to an independent agency or registration of false implication FIR.
2 provisions across 2 enactments
Jora Singh and another
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
