In this criminal miscellaneous petition, the petitioner sought directions for fair investigation in an FIR. The High Court held that no further orders were required as the petitioner had an alternate remedy to approach the trial court. The petition was disposed without any substantial relief.
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.
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Crl. Misc. No. M-10080 of 2013 (O&M)
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. No. M-10080 of 2013 (O&M) Date of Decision: Oct. 28,2013
Karnail Kaur ....................................... Petitioner
Versus
State of Punjab and others.................. Respondents
Coram: Hon'ble Ms. Justice Ritu Bahri
1.To be referred to the Reporters or not?
Present: Mr. D.S.Gurna, Advocate for the petitioner.
Mr. Daljeet Singh Virk, AAG, Punjab.
Mr. Veneet Soni, Advocate for the complainant.
RITU BAHRI, J. (Oral)
This petition is for seeking direction to respondents No. 1 and 2 to ensure fair and impartial investigation in F.I.R. No. 4 dated 6.1.2013 under Sections 376/511/323/326/120-B/307, 452, 354 and 427 IPC.
On notice, reply has been filed by the Superintendent of Police, Rajpura, on behalf of respondents No. 1 to 4. In paragraph 2 of the reply, it is stated that
Kaur Rupinder 2013.10.30 11:31 I attest to the accuracy and integrity of this document Chandigarh
Crl. Misc. No. M-10080 of 2013 (O&M) [ 2 ]
during investigation the allegations in the FIR were not proved and the petitioner did not disclose this fact at the time of medical examination. Accordingly, cancellation report has been prepared and submitted in the Court on 14.5.2013 for acceptance.
At this stage, no further orders are required to be passed as the petitioner has an alternate remedy to approach the trial Court.
This petition is disposed of.
28.10.2013 ( RITU BAHRI ) Rupi JUDGE
Kaur Rupinder 2013.10.30 11:31 I attest to the accuracy and integrity of this document Chandigarh
1 issue framed by the court
Whether directions are required to be issued to ensure fair investigation given alternate remedies exist.
Karnail Kaur
State of Punjab
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
