Allowed

Geeta v. State of Haryana and Ors.

Punjab & Haryana HC30 May 2013CRM-M/15288/2013

Case brief

AI extract

What is this about?

Petitioner sought transfer of criminal trial from State court to CBI Court. Court ordered transfer and clarified evidentiary status of State investigation material for supplementary purposes in transferred trial. Relief of interim bail implementation also granted.

What did the court decide?

Trial transferred to CBI Court, Panchkula; State documents admissible; Section 173(2) reports treated as supplementary; interim bail relief implementable.

Geeta Vs State of Haryana and Ors. — Criminal Trial and Appeal | Punjab & Haryana HC (2013)

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CRM-M-15288 of 2013 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-15288 of 2013 (O&M). Date of decision: May 30, 2013.

Geeta

..... Petitioner

Versus

State of Haryana and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI PRESENT Mr.Akashdeep Singh, Advocate, for the petitioner.

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Mr.H.S.Sran, Addl. A.G., Haryana.

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Mr.Sumeet Goel, Public Prosecutor for CBI respondent No.3.

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M.M.S. BEDI, J. (ORAL)

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Inspector Dinesh for the CBI has submitted that CBI has got no objection in case the State case arising out of the same event is transferred to the CBI Court.

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During pendency of investigation in FIR No.283 dated 18.6.2011, under Sections 326, 307, 120-B & 34 IPC registered at Police Station, Urban Estate, Rohtak, the matter was directed to be investigated by the CBI under the orders of the High Court. After registration and investigation of the case challan has already been presented before the CBI Court, at Panchkula. It has been informed that 24 witnesses stand already examined.

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In view of said circumstances, the State case

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CRM-M-15288 of 2013 (O&M)

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pending in the Court of Additional Sessions Judge, Rohtak, is ordered to be transferred to the CBI Court, Panchkula.

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The District and Sessions Judge, Rohtak, is directed to ensure that the file of trial arising out of FIR No.283 dated 18.6.2011, under Sections 326, 307, 120-B & 34 IPC registered at Police Station, Urban Estate, Rohtak, is transferred to the Special Judge CBI Haryana, at Panchkula before 4.7.2013

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In this contest, it will not be out of place to observe

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that Hon'ble the Apex Court in Vinay Tyagi Vs. Irshad Ali @ Deepak and others, 2013 (2) Recent Apex Court Judgments, 69 ,

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has observed that it is open to the Court to take into consideration any of the investigation for the purpose of framing charges.

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Following the above said judgment, it is ordered that for practical purposes original documents gathered by the State investigating agency can be proved in accordance with law. The report under Section 173 (2) Cr.P.C., prepared by the State and the report of the CBI, on the basis of investigation will be considered as supplementary to each other for the purpose of trial. It will be open to the trial Court to take into consideration the material gathered during the course of investigation by the State in FIR No.283 dated 18.6.2011, under Sections 326, 307, 120-B & 34 IPC registered at Police Station, Urban Estate, Rohtak, along with the material which has been gathered by the CBI in the course of investigation ordered under the directions of this Court.

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CRM-M-15288 of 2013 (O&M)

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There is another prayer in the petition for extension of the relief sought for in the present petition i.e., release of the petitioner on interim bail as per the orders passed by the Special Judge, CBI dated 17.4.2013.

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It is ordered that the said order can be implemented as the trial in the said case has been transferred to the Court of Special Judge, CBI, Panchkula.

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A copy of the order be given to the counsel for the

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parties under the signatures of Reader of the Court.

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Disposed of.

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(M.M.S. BEDI)

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May 30, 2013. JUDGE rka

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Geeta v. State of Haryana and Ors.

Case brief

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Geeta v. State of Haryana and Ors.

Case brief

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