The petitioner sought transfer of an investigation to the CBI under Section 482 CrPC. The court found the matter already under trial and proceedings initiated against some accused, discarding the petition.
None. The petition stands disposed of as no ground for interference is made out.
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Crl. Misc. No. M-19562 of 2014
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In the High Court of Punjab and Haryana at Chandigarh
Crl. Misc. No. M-19562 of 2014 Date of Decision: 20.11.2014.
Jasbir Kumar and another
.......Petitioners
Versus
State of Haryana and others
......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Rakesh Bakshi, Advocate for the petitioners.
Mr. Amandeep Singh, AAG, Haryana.
SABINA, J.
Petitioners have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 seeking transfer of the investigation of FIR No. 47 dated 8.4.2014 under Section 365 of the Indian Penal Code, 1860, registered at Police Station Sadhaura to the CBI or any other agency.
Heard.
In the present case, FIR was registered against unknown persons. However, during investigation, eight persons were arrayed as accused. Four accused are already facing the trial as challan was presented against them.
Learned State counsel, on instructions from Assistant Sub Inspector Dharam Pal, has submitted that prosecution evidence has since been concluded and now the case is listed before the Trial Court for defence evidence on 28.11.2014. Learned State counsel has further submitted that qua two accused, proceedings have been initiated for declaring them proclaimed
GURPREET SINGH 2014.11.25 10:09 I attest to the accuracy and authenticity of this document Chandigarh
Crl. Misc. No. M-19562 of 2014 -2-
offenders.
In view of the submissions made by the learned State counsel, no ground for interference by this Court is made out as the matter is already subjudice before the Trial Court.
Petition stands disposed of accordingly.
(SABINA) JUDGE
November 20, 2014 Gurpreet
GURPREET SINGH 2014.11.25 10:09 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether the High Court should transfer the investigation of the FIR under Section 365 IPC to the CBI given the case is subjudice.
2 provisions across 2 enactments
Jasbir Kumar and another
State of Haryana and others
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
