Petitioner filedKrishna under Section 482 Cr.P.C. for transfer of investigation. Court found investigation concluded no foul play. No direction issued for transfer.
No direction for transfer of investigation issued.
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CRIMINAL MISC. NO.M-21788 OF 2011 :{ 1 }:
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DATE OF DECISION: NOVEMBER 03, 2011
Tejvir
.....Petitioner
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. S. S. Duhan, Advocate, for the petitioner.
Mr. Saurabh Mohunta, DAG, Haryana, for the State.
RANJIT SINGH, J.
The petitioner has filed this petition under Section 482 Cr.P.C. for transfer of investigation in case FIR No.92, dated 25.6.2011, registered under Sections 304, 34 IPC at Police Station Pillu Khera, District Jind. The grievance is that though FIR has been recorded but police is not investigating the case properly. Prayer accordingly is made for transfer of the investigation of the case to State Crime Branch.
The State was directed to file a status report in
CRIMINAL MISC. NO.M-21788 OF 2011 :{ 2 }:
regard to investigation carried out in this case so far. The status report is readily available with the State counsel, which could not be placed on record. Copy thereof is handed over in the Court, which is taken on record.
The status report would show that the matter has been investigated by Deputy Superintendent of Police, who is present in person as well. The death in this case was on account of poisoning. The viscera was also sent for chemical examination and on the basis of evidence so far collected, the police has reached a conclusion that there is no foul play made out in this case. Accordingly, the police intends to file a cancellation report.
The reasons and background under which this incident had happened, has also been given in the status report, which need not be noticed. The State counsel has also drawn my attention to a letter initiated by Superintendent of Police, Jind, to Director General of Police, Haryana, giving out all this background and ultimately leaving it to DGP to transfer the investigation to Crime Branch, if it is so considered fit by him or if this Court finds any reason to transfer the investigation to the Crime Branch.
In view of the above, I do not find this to be a fit case for issuing any direction for transferring the investigation. The petitioner may approach the Director General of Police, Haryana, in case he still feels aggrieved
CRIMINAL MISC. NO.M-21788 OF 2011 :{ 3 }:
against the investigation as conducted by the police and seek transfer of the investigation to Crime Branch. If subsequently, the police decides to file any cancellation report in this case, the petitioner has a right to contest that and raise a protest against the same. The petitioner would also have an independent remedy to file a complaint in case he feels aggrieved against any action taken by the police.
With the above observations, the present petition
is disposed of.
November 03, 2011 ( RANJIT SINGH ) khurmi JUDGE
1 provisions across 1 enactments
Tejvir
State of Haryana
Ranjit Singh
As recorded by the court registry
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