Dismissed

Haryana Legal Service Authority v. State of Haryana and Anr.

Punjab & Haryana HC21 Mar 2013CRM-M/1790/2012

Case brief

AI extract

What is this about?

This petition under s. 482 Cr.P.C. sought referral of a chemical attack case to CBI due to alleged unfair investigation by State agency. The Court found the petition outlived its utility after CBI independently investigated, filed challan, and compensated victims. The stay order was vacated, and the petition dismissed. An application by CBI for file transfer was also addressed.

What did the court decide?

The petition was disposed of as it outlived its utility; the interim stay on trial proceedings was vacated; CBI application for file transfer was dismissed with direction to approach trial court separ

Haryana Legal Service Authority Vs State… — Writ and Judicial Review | Punjab & Haryana HC (2013)

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Cr.Misc. M 1790 of 2012

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

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Cr.Misc. M 1790 of 2012 (O&M) Date of decision:-21.3.2013

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Haryana Legal Service Authority

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Petitioner

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vs.

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State of Hry and another

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Respondent

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Present: Mr. PS Ahluwalia, Advocate. Ms. Shalini Attri, DAG, Hry Mr. SP Chahar, Advocate. Mr. SS Sandhu, Advocate.

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M.M.S.BEDI,J.

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Haryana Legal Service Authority, through present petition u/s 482 Cr.P.C. has sought a direction to refer the investigation of case in FIR No. 283 dated 18.6.2011 registered at P.S. Urban Estate, Rohtak to CBI pointing out that the three minor girls Prerna, Yashika and Urvashi had been assaulted by throwing acid on their faces and other parts of the body in a busy place in Rohtak, resulting in serious burn injuries as the investigation was not being conducted fairly by the State Agency. Vide order dated 23.1.2012, CBI was impleaded as respondent No.2.

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After notice having been issued to CBI, a direction was given to the CBI to investigate the matter. Vide order dated 22.5.2012, a direction was given to the CBI to complete the investigation and submit a report. The further proceedings before the trial, on the basis of the investigation conducted by the State investigating agency, were stayed.

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During the pendency of this petition, CBI has completed the independent investigation and presented challan in the court of Special Judge, CBI, Panchkula on 12.10.2012.

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Cr.Misc. M 1790 of 2012

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In view of the above circumstances, the present petition filed by Haryana State Legal Service Authority, appears to have out lived its utility as the matter has already been investigated by the independent agency i.e. CBI and challan having already been presented.

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It is not out of place to observe here that vide orders dated 31.5.2012 and 2.7.2012, a total sum of Rs. 15 lacs has been ordered to be paid to injured Prerna by the State. A sum of Rs. 1.00 lac and Rs.75,000/has already been paid to Yashika and Urvashi, respectively. The interim orders have been complied with. A perusal of the interim orders, passed on different dates, indicate that for the welfare of the victims, a reference was made to PGI, Chandigarh to examine Prerna, Yashika and Urvashi for the prupose of providing them necessary medical assistance and treatment, simultaneously estimating the cost of treatment. A Medical Board of three seniors Doctors i.e. Prof. RK Sharma, Head, Department of Plastic surgery, Dr. Sandeep Bansal, Assistant Professor, Department of Otolaryngology and Dr.Sharma Sharma, Department of Hospital Administration, was constituted to medically examine the victims and to report regarding the facilities for the management of the deformities suffered by the victims and the availability of different treatments.

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Counsel for the victims has also intervened to assist the court.

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The above circumstances indicate that prayer of the Haryana Legal Service Authority, in the present petition, has already been allowed, simultaneously, the victims have also been compensated to some extent for their injuries, by the State.

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The magnanimity shown by the State of Haryana to the victims is appreciated. The assistance provided by counsel for Haryana State Legal Service Authority is also appreciated. I do not find it out of place to observe here that the sole objective of referring the matter to an

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Cr.Misc. M 1790 of 2012

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independent agency, was to determine the authenticity of the investigation conducted by the State agency and to find out the role of accused,namely, Rohan as he has earlier been named in statement u/s 164 Cr.P.C. of Prerna, made before the Judicial Magistrate. The objective seems to have not been achieved as the investigation of CBI is almost concurrent with the investigation conducted by the State Agency.

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Counsel for the CBI has objected to this observation. Without expression of any further opinion and without curtailing the scope of further investigation u/s 173 (8) Cr.P.C., this petition is disposed of.

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The interim order staying the proceedings before the trial court is hereby vacated, subject to any other subsequent order passed by the trial court or by any other higher court.

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In case an application for certified copy of any document, forming part of this record, is applied by counsel for the effected/ victim party, the Registry would supply the same in order to enable them to seek any benefit, in accordance with law.

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Cr.Misc. 6427 of 2013

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This is an application filed on behalf of CBI for a direction to the trial court at Rohtak to transfer the main file of FIR No. 283 dated 18.6.2011, registered at P.S. Urban Estate, Rohtak along with the complete record to the court of Special Judge, CBI, Panchkula. Since the prayer made by the CBI, added respondent No.2, is independent of the main prayer of the Haryana State Legal Service Authority, the instant application is disposed of relegating the CBI to approach the trial court for making a reference for transfer of the trial along with complete record to the court of Special Judge, CBI, Panchkula or to avail any legal remedy, available under law, independent of the petition filed by Hayrana State Legal Service Authority (Cr.Misc. M 1790 of 2012), as the CBI has already presented

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Cr.Misc. M 1790 of 2012

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challan before Special Judge, CBI, Panchkula. The court taking cognizance of the offence will be entitled to consider both the reports following the law laid down in Vinay Tyagi vs. Irshad Ali @ Deepak 2013(2) Recent Apex

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Judgments 69.

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March 21 ,2013 ( M.M.S.BEDI ) TSM JUDGE

Haryana Legal Service Authority v. State of Haryana and Anr.

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Haryana Legal Service Authority v. State of Haryana and Anr.

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