The High Court disposed of a contempt petition filed by a complainant alleging partial investigation. The Court held the petition infructuous as the police submitted a supplementary report exonerating accused, having considered the earlier directions without disobedience.
Petition disposed as having been rendered infructuous.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
COCP 2102 of 2013 Date of decision:13.11.2013
Santosh Sood,
.. petitioner
vs
Sh. Paraminder Singh Gill and another
... respondent
Present Mr. GS Jagpal, Advocate. Ms. Deepa Singh, Addl.A.G.Pb
M.M.S. BEDI,J.
The petitioner, complainant in FIR, dissatisfied with the investigation had approached this court by filing Cr.Misc. M 5122 of 2013, seeking a direction for handing over the investigation of the case to some independent agency. The said petition was disposed of with a direction to the Commissioner of Police, Ludhiana to decide the representation of the petitioner and take appropriate action in accordance with law within a period of two months. Expressing grievance that the representation had not been considered, the petitioner has filed the present contempt petition. The grievance of the petitioner is that though accusations were against Rohit Kapila, Amit Kapila and Vinod Thakur but challan had been presented against only one person i.e. Rohit Kapila.
In the affidavit filed on 20.9.2013 by the Commissioner of Police, Ludhiana status of the criminal case was intimated to the effect that challan against Rohit Kapila had been presented on 20.3.2013 and the police was making an all out effort to complete the remaining investigation of the said case and that there had not been any disobedience of the order of the court. Today an affidavit of the Commissioner of Police, Ludhiana has been produced to the effect that investigation has been completed and
Mann Tapindar Singh 2013.11.15 14:52 I attest to the accuracy and integrity of this document High Court Chandigarh
supplementary report u/s 173(8) Cr.P.C. has been submitted in the court of CJM on 2.11.2013. Copy of the supplementary challan has been produced by the SHO of the concerned Police Station. Supplementary report u/s 173 (8) Cr.P.C. indicates that on the basis of further investigation, Vinod Thakur, Amit Kapila and Rohit Kapila have been found to be innocent. Without expression of any opinion regarding the legality or validity of the report u/s 173(8) Cr.P.C., the present contempt petition has been rendered infructuous as the claim of the petitioner has already been considered. Without prejudice to the right of the petitioner to contest the supplementary report or avail the other legal remedy, available to her and to submit protest petition, in accordance with law, this petition is disposed of as having rendered infructuous. Disposal of this petition, will not, in any manner, prejudice the other legal rights of the petitioner.
November 13 ,2013 ( M.M.S. BEDI ) TSM JUDGE
Mann Tapindar Singh 2013.11.15 14:52 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the present contempt petition was rendered infructuous after the investigation was completed and supplementary report submitted exonerating other accused.
1 provisions across 1 enactments
Santosh Sood
Paraminder Singh Gill
another
M. M. S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
