The petitioner filed a Section 482 Cr.P.C petition seeking transfer of investigation directions. Since a trial court order had already directed reinvestigation by a higher rank, the Court held the writ petition infructuous and dismissed it.
The petition was rendered infructuous and disposed of as such.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No. M-26690 of 2010 (O&M) 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-26690 of 2010 (O&M) Decided on : 20-09-2011
Baldev Raj
....Petitioner
VERSUS
State of Haryana and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER
Present:Mr. Satbir Gill, Advocate for the petitioner
Mr. Sandeep Mann, Sr. DAG, Haryana
MAHESH GROVER, J
The instant petition under Section 482 Cr.P.C has been filed by the petitioner seeking appropriate directions to the respondents to transfer the investigation of FIR no. 850 dated 10.11.2008 registered at Police Station City Sirsa.
The grievance of the petitioner was that the allegations were not being investigated appropriately. The grievance of the petitioner was further compounded when the cancellation report was submitted. However, it has transpired that the cancellation report submitted by the respondents has not been accepted by the Court and on 26.5.2011 an order has been passed directing the respondents to re-investigate the case which investigation is to be done by an officer of a higher rank other than the officer who has already conducted the inquiry. A copy of the order of the Trial Court as also the statement made by the petitioner before the Court of competent jurisdiction have been placed on record and the same are taken
Crl. Misc. No. M-26690 of 2010 (O&M) 2
on record as mark 'A' and 'B' respectively.
Having regard to the aforesaid, when the grievance of the petitioner stands substantially redressed in view of the order of the learned Trial Court, I am of the considered opinion that the instant petition has been rendered infructuous and is disposed of as such.
September 20, 2011 rekha
(Mahesh Grover) Judge
1 issue framed by the court
Whether a criminal miscellaneous petition under Section 482 Cr.P.C is maintainable when the grievance has been substantially redressed by a trial court order directing reinvestigation.
1 provisions across 1 enactments
Baldev Raj
State of Haryana
Mahesh Grover
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
