In a revision petition under Section 482 CrPC for directions to conduct a fair enquiry, the High Court dismissed the petition as the challan was already presented before the Magistrate and commitment proceedings were pending.
The petition stands disposed of.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc. No.M-15181 of 2012 (O&M) Date of Decision: July 12, 2012
Manpreet Kaur
...... PETITIONER
Vs.
State of Punjab and others
..... RESPONDENTS
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: None for the petitioner.
Head Constable Jasdev Singh.
SABINA, J.
The petitioner has preferred this petition under Section 482 of the Code of Criminal Procedure for issuance of directions to respondents to conduct a fair and impartial enquiry in case FIR No.32 dated 22.03.2012, under Sections 365/302/201/34/120-B of the Indian Penal Code, registered at Police Station Sadar, District Ludhiana.
Reply by way of affidavit of Gurpreet Singh, PPS, Assistant Commissioner of Police, Ludhiana has been placed on record. A perusal of the same reveals that challan has already been presented in the Court on 11.06.2012 and now the matter is pending before the Magistrate for commitment proceedings.
Under these circumstances, no further interference by this Court is called for.
Petition stands disposed of accordingly.
(SABINA) JUDGE
July 12, 2012 jt
3 issues framed by the court
Whether the High Court should interfere with the pending commitment proceedings under Section 482 CrPC.
If the challan is already presented before the Magistrate, whether a fair enquiry petition is required.
Whether further interference by this Court is called for given the procedural stage.
1 provisions across 1 enactments
Manpreet Kaur
State of Punjab
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
