In a petition under Section 482 Cr.PC, the petitioner sought arrest and investigation regarding alleged forgery and property sale by her brother. The High Court dismissed the petition as infructuous since the challan was ready for presentation.
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Crl. Misc.No.M 2915 of 2010(O&M) #1#
IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA HIGH COURT .
Crl. Misc.No.M 2915 of 2010(O&M) Date of Decision:-06.10.2010
Mala Kaushik .
...... Petitioner .
Versus
. State, U.T., Chandigarh & Ors
. ...... Respondents
CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH .
Present:Mrs. Naveen Malik, Advocate for the Petitioner.
Mr. R.S. Rai, Senior Standing Counsel assisted by Ms. Ashima Mor, Advocate for Respondents.
JASWANT SINGH, J.(ORAL)
Prayer under Section 482 Cr.PC is for directing the respondents to arrest Sanjiv Kumar Jain and further investigate and register case under Section 193, 200, 420, 467, 468, 471, 474 Indian Penal Code along with Sections 419, 120-B of Indian Penal Code in case FIR No.292 dated 17.09.2009 registered with Police Station Sector 17, Chandigarh.
The allegations against the accused Sanjiv Kumar Jain, who
Crl. Misc.No.M 2915 of 2010(O&M) #2#
is the real brother of the petitioner-complainant, are that he in connivance with Payal Jain(their Bhabi) and P.K. Walia, Advocate forged the general power of attorney of the petitioner and sold her property.
Learned State Counsel submits that SSP(Headquarters) U.T., Chandigarh has got the investigations completed in compliance of the orders passed by this court dated 11.8.2010 and the challan is ready for being presented before the competent court. He further assures that the challan would be presented within 3 days from today.
In view of the fact that the challan against the accused is being presented and in case the petitioner-complainant is not satisfied with the investigations, she has recourse to the remedies available under the law, counsel for the petitioner states that the grievance of the petitioner in the present petition no longer survives. Learned counsel has no objection if this petition is dismissed as having rendered infructuous.
Dismissed as infructuous.
( JASWANT SINGH ) JUDGE
06th October, 2010 Vinay
1 issue framed by the court
Whether the petition under Section 482 Cr.PC should be dismissed as it has become infructuous due to the completion of investigation and preparation of challan.
1 provisions across 1 enactments
Mala Kaushik
State, U.T., Chandigarh
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
