In Criminal Misc. No. M-21276 of 2017, the Punjab & Haryana High Court dismissed the petition as infructuous. The court accepted that necessary documents under Section 173 Cr.P.C. were supplied and the State relied on the closure report, rendering the petition unsustainable.
The petition was dismissed as it became infructuous.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Criminal Misc. No. M-21276 of 2017 (O&M) Date of decision : December 15, 2018
Himmat Singh Rai and others ....Petitioners
versus
State of Punjab ....Respondent
Coram: Hon'ble Mr. Justice Fateh Deep Singh
Present : Mr. JS Bedi, Senior Advocate with Mr. LS Chahal, Advocate, for the petitioners Mr. Saurabh Khurana, DAG, Punjab, for the State Mr. PS Ahluwalia, Advocate and Mr. Gurmohan Singh Bedi, Advocate, for the complainant
Fateh Deep Singh, J. (Oral)
It is conceded by Mr. JS Bedi, learned senior counsel assisted by Mr. LS Chahal that they have been supplied with the necessary documents forming part of the report under Section 173 Cr.P.C., thus readily accedes to the submissions of Mr. Ahluwalia as well as the learned State counsel Mr. Saurabh Khurana on the instructions of ASI Palwinder Singh. Learned State counsel has also submitted that they are relying on report dated 20.9.2016 conducted by ADCP, Headquarters, Security, Jalandhar and not on any other inquiry report. In the light of this stand, nothing survives in the present petition and the same having rendered infructuous stands dismissed.
( Fateh Deep Singh ) December 15, 2018 Judge 'tiwana' Whether speaking/reasoned ? Yes/No Whether Reportable ? Yes/No
DALBIR SINGH TIWANA 2018.12.20 09:12 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court, Chandigarh.
1 issue framed by the court
Whether the petition challenging the initiation of proceedings becomes infructuous upon the supply of statutory documents and state's reliance on the closure report.
1 provisions across 1 enactments
Himmat Singh Rai and others
State of Punjab
Fateh Deep Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
