Dismissed

Ajmer Khan v. State of Haryana & Ors.

Punjab & Haryana HC18 Mar 2014CWP/15668/2012

Case brief

AI extract

What is this about?

In this writ petition seeking transfer of a murder investigation to CBI, the High Court held that as a challan had been filed against accused, the petitioner was directed to avail alternative remedy under Section 319 Cr.P.C., and the petition was dismissed.

What did the court decide?

Direction for independent investigation and transfer to CBI was dismissed. Petitioner to avail remedy under Section 319 Cr.P.C.

Ajmer Khan Vs State of Haryana & Ors. — Criminal Trial and Appeal | Punjab & Haryana HC (2014)

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CWP No. 15668 of 2012

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CWP No. 15668 of 2012 (O&M)

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Date of decision : 18.03.2014

Ajmer Khan

... Petitioner

versus

State of Haryana and others

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...Respondents

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CORAM: HON'BLE MS. JUSTICE RITU BAHRI

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Present: None for the petitioner.

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Mr. Shivendra Swaroop, AAG, Haryana

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Ms. Surabhi Jain, Advocate for Mr. Sumeet Goel, Advocate

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RITU BAHRI , J. (Oral)

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Petitioner-Ajmer Khan is seeking direction to the respondents to hold independent and fair investigation in to the matter regarding murder of Shri Jamil Khan s/o Jirudeen and further prayer is for transfer of matter to the CBI or any other independent agency.

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On notice, a reply has been filed on behalf of the respondent wherein it has been submitted that during the pendency of the petition, challan has been presented in the Court against accused Rajesh, Bharat Singh and Murti Devi out of six accused i.e Rajesh, Bharat Singh, Murti Devi, Rekha, Rahul, Rajinder and Jamila. One accused has been name by the petitioner in his supplementary statement on 24.07.2012. The case has been investigated and Rekha, Raul, Rajinder and Jamila were found innocent and their names were mentioned in Column No. 2 of the report under Section 173 Cr.P.C. DS.P made inquiry from Hukam Singh, Ex Sarpanch, Hari Ram and other respectable persons of the village and challan was filed in the Court on

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Arora Gaurav 2014.04.02 15:44 I attest to the accuracy and integrity of this document

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CWP No. 15668 of 2012

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19.10.2012 and fixed for charge for 01.12.2012. This reply was filed on 29.11.2012 and the petitioner is at liberty to avail alternative remedy of making application under Section 319 Cr.P.C for summoning other accused at an appropriate stage after the evidence was recorded.

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In view of the above, no directions can be given to the respondents, at this stage, for holding independent and fair investigation in to the matter regarding murder of Shri Jamil Khan s/o Jirudeen.

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The petition is dismissed.

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( RITU BAHRI) JUDGE

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18.03.2014

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G Arora

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Arora Gaurav 2014.04.02 15:44 I attest to the accuracy and integrity of this document

Ajmer Khan v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

Ajmer Khan v. State of Haryana & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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