Petitioner sought direction to file final report in an IPC murder/suicide case. Court held petition infructuous as report submitted; reinvestigation report pending. Ordered investigation completion within three months under police supervision.
Direction to complete further investigation within three months under SPS supervision.
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CRM-M-17144-2013 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-17144-2013 (O&M). Decided on: February 12, 2014.
Malkiat Singh
..... Petitioner(s)
Versus
State of Punjab and others
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.B.S.Seemar, Advocate, for the petitioner .
Mr.Deepak Garg, AAG., Punjab. Mr.Achin Gupta, Advocate, for respondent Nos.4 to 7.
M.M.S. BEDI, J (ORAL).
Complainant unhappy with the investigation and inaction on the part of State agency to submit final report in FIR No.143 dated 15.11.2010, under Sections 306/34 of the Indian Penal Code, registered at Police Station, Kotkapura Sadar, District Faridkot, has filed the present petition for a direction that State should be directed to file final report and respondent Nos.2 & 3 be directed not to harass the petitioner and his family on behalf of respondent Nos.4 to 7.
In the reply filed, it has been submitted that final report i.e., the cancellation report was submitted before the Illaqua Magistrate, Faridkot on 22.8.2010 but the learned Chief Judicial
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Raj Kumar Arora 2014.02.13 16:28 I attest to the accuracy and integrity of this document
CRM-M-17144-2013 (O&M)
Magistrate, Faridkot, did not agree with the cancellation report and directed the matter to be reinvestigated.
I have considered the facts and circumstances of the case and I am of the considered opinion that the petition has become infructuous with the presentation of cancellation report. It appears that the report of reinvestigation (wrongly mentioned as further investigation) has not yet been submitted.
This petition is dismissed with a direction to the official respondents to complete further investigation within a period of three months after receipt of this order. It is directed that in case the statement of the petitioner or any other person is offered voluntarily under Section 163 (2) Cr.P.C., the same would also be recorded to fairly investigate the matter before submitting the report of further investigation. The Senior Superintendent of Police, Faridkot, will supervise the investigation.
(M.M.S. BEDI)
February 12, 2014. rka
JUDGE
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Raj Kumar Arora 2014.02.13 16:28 I attest to the accuracy and integrity of this document
2 provisions across 2 enactments
Malkiat Singh
State of Punjab
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
