Dismissed
Prem Lal v. State of Punjab & Ors.
Punjab & Haryana HCCRM-M/21924/2011
Case brief
from the order text
What is this about?
M-21924 of 2011(O&M) [1] IN THE HIGH COURT…
What the court decided
AI extract
M-21924 of 2011(O&M) [1] IN THE HIGH COURT…
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Criminal Misc. No. M-21924 of 2011(O&M)
[1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Criminal Misc. No. M-21924 of 2011(O&M) Date of Decision: September 26, 2011
Prem Lal
... Petitioner
Versus
State of Punjab and others
... Respondents
CORAM:- HON'BLE MR.JUSTICE NAWAB SINGH
Present: Mr.Vikas Behl, Advocate, for the petitioner. Mr.Sudhir Nehra, Additional Advocate General, Punjab for respondent – State.
Mr.Sumeet Goel, standing counsel for CBI - respondent No.6.
NAWAB SINGH J.(ORAL)
By filing this petition under Section 482 of the Code of Criminal Procedure, Prem Lal seeks transfer of investigation of case First Information Report (for short `FIR') No.16 dated February 22nd, 2011 (Annexure P1), registered under Section 302 read with Section 34 of the Indian Penal Code, in Police Station Behram, District S.B.S.Nagar, to some senior Police Officer outside the State of Punjab.
The FIR was registered on the statement of Dalbir Kaur widow of deceased Jagdish Kumar Mehmi. The matter was investigated and report for cancellation of the case was filed before the Area Magistrate. The Magistrate issued notice to the complainant. She did not contest the report of cancellation, as finds mention in the order dated August 13th, 2011 (Annexure P10) of the Area Magistrate. The petitioner is brother of the deceased. Under these circumstances, question of transferring the investigation of the case does not arise.
It is worth a mention here that earlier wife of the deceased also filed a similar petition (CRM No.M-8425 of 2011) before this Court, but the same was dismissed as withdrawn on July 21st, 2011,
Criminal Misc. No. M-21924 of 2011(O&M)
[2]
as stated by counsel for the State.
In view of this, no action is required.
Disposed of accordingly.
September 26, 2011 `gian'
( NAWAB SINGH ) JUDGE
1 issue framed by the court
Whether transfer of investigation in the case of criminal complaint is called for.
2 provisions across 2 enactments
PREM LAL
STATE OF PUNJAB
NAWAB SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court