Disposed
Baldev Singh Rattan v. State of Punjab and Ors.
Punjab & Haryana HCCRM-M/13463/2009
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M-13463 of 2009 (1) IN THE HIGH COURT OF…
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M-13463 of 2009 (1) IN THE HIGH COURT OF…
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(1)
Crl. Misc. No. M-13463 of 2009
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-13463 of 2009
DATE OF DECISION: 23.03.2011
Baldev Singh Rattan
..........Petitioner
Versus
State of Punjab and others
..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:Mr. Ashish Gupta, Advocate for the petitioner.
Mr. Gaurav Garg Dhuriwala, AAG, Punjab.
DAYA CHAUDHARY, J.
The present petition under Section 482 Cr.P.C. has been filed on behalf of Baldev Singh Rattan for issuance of directions to respondent No.3 to hand over the investigation of the case to respondent No.5 instead of respondent No.4.
Learned counsel for the petitioner contends that as per Section 78 of the Information Technology Act, the matter is to be investigated by the officer not below the rank of DSP and only respondent No.5 is competent to investigate the matter.
Learned counsel for the respondent-State on instructions from ASI Baldev Singh submits FIR No. 73 dated 16.3.2011 under Sections 508/506/509 IPC was registered at Police Station Kotwali, District Faridkot against Jagdeep Singh, son-in-law of the petitioner and only inquiry has been conducted and investigation would be conducted as per Section 78 of
(2)
Crl. Misc. No. M-13463 of 2009
the Information Technology Act.
In view of the submissions made by learned counsel for the respondent-State, no further action is required to be taken and the present petition is disposed of accordingly.
March 23, 2011 pooja
(DAYA CHAUDHARY) JUDGE
Note:-Whether this case is to be referred to the Reporter .......Yes/No
1 issue framed by the court
Whether directions should be issued to transfer investigation from RPO to Cyber Cell under Section 78 IT Act.
3 provisions across 3 enactments
Baldev Singh Rattan
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court