In a criminal miscellaneous petition regarding an FIR concerning death and possession of disputed land, the High Court directed the police to complete investigation within three months and disposed of the petition.
The Criminal Miscellaneous Petition is disposed of after giving the investigating agency three months to complete the investigation.
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.
Criminal Misc. No. M-2777 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-2777 of 2011 Date of decision:-20.5.2011
Ravinder Kumar and another
...Petitioners
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:Mr. Ashok Sharma Nabhewala, Advocate for the petitioners.
Mr. Kshitij Sharma, AAG Haryana.
RITU BAHRI J.(Oral)
The petitioners have sought direction in FIR No.219 dated 09.10.2010 under Sections 148,149,323,307 and 302 IPC and under Section 25 (54) of Arms Act, registered at Police Station Pundri, District Kaithal.
The petitioners are residents of Dera in a disputed land at Village Sirsal, District Kaithal for the last 80-90 years. On 05.10.2010 accused Dharam Pal alongwith 200-250 persons came on two tractor trolleys armed with deadly weapons and took forcible possession of 18 killas of land in Village Sirsal. A fight took place and injuries were suffered on both the sides as a result of which Usha Devi, aged 32 years wife of petitioner No.1 died and numerous persons suffered injuries. This FIR was registered in the above background.
The grievance of the petitioners is that the investigation has not been carried out fairly.
Reply has been filed by the Superintendent of Police, Kaithal. After investigation weapons were recovered from the accused. Accused Dharam Pal
Criminal Misc. No. M-2777 of 2011
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and Bir Bhan were absconding from police and have been declared proclaimed offender on 07.2.2011 by the Judicial Magistrate 1st Class, Kaithal. Supplementary challan under Section 173(8) Cr.P.C. will be filed after completion of investigation. Challan has already been presented against accused mentioned in paragraph 2 of the reply dated 21.2.2011. Further investigation is going on by the CIA Staff, Kaithal.
In view of the above, three months time is given to the CIA Staff,
Kaithal to complete the investigation.
The criminal miscellaneous petition is disposed of.
May 20, 2011 ( RITU BAHRI ) Vijay Asija JUDGE
2 issues framed by the court
Whether the High Court should direct the police to complete a fair investigation in an FIR dealing with disputed land possession and death.
Whether the petitioners are entitled to an extension of time for the completion of investigation.
Ravinder Kumar and another
State of Haryana
Ritu Bahri
Vijay Asija
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
