Disposed

Dharam Singh Kang and Ors. v. State of Punjab

Punjab & Haryana HC11 Feb 2011CWP/11578/2004

Case brief

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What is this about?

Court disposed of a writ petition seeking direction for CBI investigation. It held that a supplementary report by a Special Investigating Team rendered the prayer infructuous, without expressing views on allegations. Petitioners retained right to challenge the rejection of withdrawal of prosecution.

What did the court decide?

No new relief granted. Status quo maintained on interim protection. Petitioners at liberty to challenge order dated 31.1.2011.

Dharam Singh Kang and Ors. Vs State of… — Criminal Trial and Appeal | Punjab & Haryana HC (2011)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Civil Writ Petition No.11578 of 2004 Date of Decision : February 11, 2011.

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Dharam Singh Kang and another

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..... Petitioners

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versus

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State of Punjab and others

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..... Respondents

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CORAM : HON'BLE MR.JUSTICE SURYA KANT.

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Present : Mr.Vikram Chaudhri, Advocate, for the petitioners. Mr.N.K.Sanghi, Addl.AG. Punjab.

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-.-

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1. Whether Reporters of Local papers may be allowed to see the judgment?

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2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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(Oral) Surya Kant, J.

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The petitioners seek a mandamus to direct the State of Punjab and the police authorities to entrust the investigation of the case FIR No.159 dated 2.7.2004 registered at Police Station Kharar District S.A.S. Nagar Mohali under Sections 302/307/148/149 IPC read with Sections 25/27/54/59 of the Arms Act, to an independent agency like the Central Bureau of Investigation to carry out impartial investigation into the matter.

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It is stated by learned State counsel that during the pendency of this writ petition, a Special Investigating Team was constituted by the State Government who after investigating the matter has submitted a supplementary investigation report exonerating the petitioners of the allegations contained in the FIR and on the basis of said supplementary

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C.W.P.No .11578 of 2004 2

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investigation report, the public prosecutor moved an application under Section 321 Cr.P.C. for withdrawal of the prosecution, but the same has been rejected by the learned Sessions Judge, Ropar vide order dated 31.1.2011.

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In view of the fact that the matter has been meanwhile investigated by the Special Investigating Team afresh, the prayer made in this writ petition has become substantially infructuous. The writ petition is accordingly disposed of, however, without expressing any views on the allegations and counter allegations, with liberty to the petitioners to impugn the order dated 31.1.2011, referred to above, before an appropriate forum, if so advised. The petitioners shall also be at liberty to raise the additional contentions, if any. It is further directed that the petitioners shall also be entitled to and are granted the same interim protection as has been granted to the writ-petitioners in C.W.P.No.10665 of 2004 (Kiranbir Singh Kang versus State of Punjab and others) vide orders dated

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7.12.2004 and of the even date.

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Ordered accordingly.

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Dasti.

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February 11, 2011 (SURYA KANT) Mohinder JUDGE

Dharam Singh Kang and Ors. v. State of Punjab

Case brief

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Dharam Singh Kang and Ors. v. State of Punjab

Case brief

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