Petitioner filed petition under Section 482 Cr.P.C. seeking independent investigation into a Section 304-A IPC case. Court noted investigation ongoing with no allegations against officer and dismissed petition.
The petition is dismissed as there is no ground for entrusting investigation to an independent agency or senior police officer.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10438 of 2017 (O&M) Date of Decision: March 28, 2017
Vinod Bhai
...Petitioner
VERSUS
The State of Punjab and others
...Respondents
CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH
Present: Mr.Ajay Pal Singh, Advocate for the petitioner.
INDERJIT SINGH, J.
Petitioner has filed this petition under Section 482 Cr.P.C. against State of Punjab and other respondents for directing respondents to conduct fair enquiry from some independent agency or from some officer of higher rank not below the rank of Superintendent of Police in a case under Section 304-A IPC bearing FIR No.62 dated 16.07.2016 registered at Police Station Sadar Sunam, District Sangrur.
I have heard learned counsel for the petitioner and have gone through the record.
From the record, I find that the FIR in the present case has been registered on 16.07.2016 and the investigation is still going on. Learned counsel for the petitioner contended that the owner of the house and the contractor have been exonerated by the police whereas the present petitioner Vineet Gulati 2017.04.03 16:42 I attest to the accuracy andwas not tenant where the occurrence took place. Therefore, he argued that authenticity of this document Chandigarh
CRM No.M-10438 of 2017
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the investigation be entrusted to some independent agency or higher rank officer.
The perusal of the record shows that the investigation is still going on, therefore, nothing can be stated that as to who has been exonerated and who has been found guilty. It will be known only when the final report is filed before the Court. It is for the investigating officer to collect the evidence and to find out the truth. No allegations of any type have been levelled against the investigating officer. No ground is made out for entrusting the investigation in this case to the independent agency or senior police officer.
Therefore, finding no merit in the present petition, the same is
dismissed.
March 28, 2017 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No
Vineet Gulati 2017.04.03 16:42 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether an anticipatory jurisdiction under Section 482 Cr.P.C. is sustained to order independent investigation when no impropriety is alleged against the investigating officer?
2 provisions across 2 enactments
Vinod Bhai Vineet Gulati
The State of Punjab and others
INDERJIT SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
