The court dismissed a petition under Section 482 CrPC seeking transfer of an investigation to an independent agency, holding it infructuous after the cross-case against the petitioner was cancelled due to lack of incriminating evidence.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No.24081 of 2012 (O&M)
Date of decision : 11.12.2012
Kewal Singh
...Petitioner
Versus
Director General of Police, Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Sunil Garg, Advocate, for Mr. J.S. Gill, Advocate, for the petitioner.
Mr. Sandeep Goel, Addl.A.G., Punjab, assisted by ASI Satinder Pal.
Mr. Baljinder Singh, Advocate, for Mr. K.S. Dhaliwal, Advocate, for respondent Nos.6 and 7.
JITENDRA CHAUHAN, J. (Oral)
The present petition under Section 482 of the Criminal Procedure Code, has been filed seeking issuance of appropriate direction for getting the case FIR No.61 dated 21.06.2012, registered at Police Station Kalanaur, Distt. Gurdaspur, under Sections 302, 148, 149 of the Indian Penal Code, investigated from some independent agency.
Written statement as well as status report has been filed on
behalf of the State. As per the status report dated 29.10.2012, no incriminating evidence was noticed against the accused. Accordingly, the cross case registered against the petitioner and others has been cancelled vide case diary No.25 dated 24.10.2012.
In this view of the matter, the present petition has been
rendered infructuous and is dismissed as such.
11.12.2012 atulsethi
(JITENDRA CHAUHAN) JUDGE
1 issue framed by the court
Whether a petition under Section 482 CrPC for transferring investigation to an independent agency should be allowed when no evidence exists.
1 provisions across 1 enactments
Kewal Singh
Director General of Police, Punjab
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
