Petitioner sought directions under s. 482 Cr.P.C. for FIR registration regarding land dispute allegations. Court held the petition rendered infructuous due to a prior CJM order mandating investigation, thus disposed of it with rights preserved.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 19731 of 2013 Date of decision:- 6.2.2014
Sneh Lata
Petitioner
vs.
State of Punjab and others
Respondent
Present: Mr. SP Soi, Advocate. Mr. RPS Sidhu, AAG, Punjab Mr. AS Khinda, Advocate for respondents 4 to 8. Mr. Gurdev Singh Turna, Advocate for respondent No.12
M.M.S.BEDI,J.
The petitioner through the instant petition u/s 482 Cr.P.C. has sought a direction to the official respondents 1 to 3 for registration of an FIR u/s 452/354/506/379/220/120-B IPC against respondents 4 to 12 alleging that a complaint submitted by her to Director General of Police, Punjab has not been looked into.
In the reply, filed in the shape of an affidavit by DSP,Sub Division Kapurthala on behalf or respondents 1 to 3, it has been informed that the grievance of the petitioner was looked into and that the petitioner had made a statement Annexure R-2 on 8.9.2012 to the effect that Darshan Singh had agreed to deliver the possession of the disputed land to her after the harvesting of paddy crop, as such, she does not want to pursue the complaint.
During the course of arguments, it transpires that the petitioner has filed a complaint u/s 156(3) Cr.P.C. and CJM, Kaputhala vide order dated 11.12.2013 has directed the registration of a case and investigation to arrive at the truth in the matter.
In view of the order passed by CJM, Kaputhala, this petition has been rendered infructuous. Disposed of as such without prejudice to the right of the petitioner to pursue her complaint and the allegations by helping the investigating agency to fairly investigate the matter.
February 6 ,2014 ( M.M.SBEDI ) TSM JUDGE
Mann Tapindar Singh 2014.02.06 16:25 I attest to the accuracy and integrity of this document High Court Chandigarh
Mann Tapindar Singh 2014.02.06 16:25 I attest to the accuracy and integrity of this document High Court Chandigarh
1 issue framed by the court
Whether the High Court should direct police under s. 482 CrPC to register an FIR after a CJM has already directed investigation under s. 156(3) CrPC.
1 provisions across 1 enactments
Sneh Lata
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
