Disposed

Kamla Devi v. State of Haryana and Anr.

Punjab & Haryana HC9 May 2012CRM-M/15285/2009

Case brief

AI extract

What is this about?

This oral order disposed of a petition for transfer of investigation under Section 482 Cr.P.C. as having become infructuous since investigation reports were filed and prosecutions were underway. Liberty to pursue remedies before the trial court was granted.

What did the court decide?

Petition disposed of as infructuous; liberty granted to pursue remedies before the trial court.

Kamla Devi Vs State of Haryana and Anr. — Criminal Trial and Appeal | Punjab & Haryana HC (2012)

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Criminal Misc.M-No.15285 of 2009(O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.M-No.15285 of 2009(O & M) Date of Decision:09.05.2012

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Kamla Devi .....petitioner

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Versus

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State of Haryana & ors. .....respondents

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CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

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Present: Mr.Devender Arya, Advocate for Mr.Kamal Mor, Advocate for the petitioner

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Mr.Gaurav Dhir, Deputy Advocate General, Haryana

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RAMESHWAR SINGH MALIK J.(ORAL):

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The petitioner has approached this Court, by way of instant petition, under Section 482 Cr.P.C. invoking its inherent jurisdiction for transfer of the investigation of FIR No.31 dated 27.02.2009 and FIR No.53 dated 25.03.2009 registered at Police Station Sahlawas, District Jhajjar, to some independent agency.

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Notice of motion was issued.

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Learned State counsel, while referring to the reply filed on behalf of State submits that after completion of investigation in FIR No. 31 dated 27.02.2009 report under Section 173 Cr.P.C. had already been filed. Two accused were arrested and one was declared proclaimed offender. Prosecution evidence is going on. He further submits that so far as FIR No.53 dated 25.03.2009, is concerned, untraced report had been prepared. Learned State counsel submits that in view of the above said developments having taken place, the present petition has been rendered infructuous and may be disposed of, as such.

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Faced with the above said situation, learned counsel for the

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Criminal Misc.M-No.15285 of 2009(O & M)

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petitioner fairly states that the present petition be ordered to be disposed of as having been rendered infructuous, however, liberty may be granted to the petitioner to pursue her remedy before the learned trial Court in accordance with law.

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In view of the above statements made by learned counsel for the parties and without prejudice to the rights of the parties, the present petition is ordered to be disposed of as having been rendered infructuous. However, liberty is granted to the petitioner to pursue her remedy in accordance with law.

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(RAMESHWAR SINGH MALIK) JUDGE

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09.05.2012 neenu

Kamla Devi v. State of Haryana and Anr.

Case brief

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Kamla Devi v. State of Haryana and Anr.

Case brief

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