The High Court dismissed a petition under Section 482 Cr.P.C. seeking transfer of investigation to the Crime Branch in a Section 306 IPC case, holding that the petition was rendered infructuous as key accused persons were already released on bail or found innocent.
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.
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CRM-M-1207 of 2019 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-1207 of 2019 (O&M) Date of Decision: 05.04.2019
Gurdial Singh
...Petitioner
Versus
State of Punjab and others
....Respondents
CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN
Present:Mr. B.P.S. Virk, Advocate, for the petitioner. Mr. Amandeep S. Gill, DAG, Punjab. Mr. Ranjit Saini, Advocate, for respondents No.5 to 8.
RAMENDRA JAIN, J. (ORAL)
Status report by way of affidavit of Sh. Simranjit Singh, Deputy Superintendent of Police, Dera Bassi, SAS, Nagar, on behalf of respondents No.1 to 4 and vakatlatnama on behalf of respondents No.5 to 8, filed in Court today are taken on record. Office to tag the same at appropriate place.
Through instant petition under Section 482 Cr.P.C. prayer has been made for issuance of direction to the official respondents to transfer the investigation in case FIR No.296 dated 31.10.2018 registered under Section 306 IPC at Police Station Derabassi, District SAS Nagar (Mohali) to Crime Branch.
Learned State counsel, on instructions from ASI Mewa Singh, submits that instant petition has rendered infructuous on the ground that respondent No.5 was arrested, after registration of FIR on the complaint of the petitioner and has been released on bail. Respondents No.6 to 8 were RAVINDER SINGH 2019.04.08 11:20I attest to the accuracy andfound innocent. Police is going to file final report under Section 173(2) integrity of this document
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CRM-M-1207 of 2019 (O&M)
Cr.P.C. in Court within a month.
Dismissed as having been rendered infructuous.
(RAMENDRA JAIN) April 05, 2019 JUDGE R.S. Whether speaking/reasoned Yes/No Whether Reportable Yes/No
RAVINDER SINGH 2019.04.08 11:20 I attest to the accuracy and integrity of this document
2 issues framed by the court
Whether the petition for transfer of investigation to Crime Branch is maintainable when respondent No.5 was arrested and released on bail and others released on bail.
Whether the petition is rendered infructuous given the status of the investigation and bail of accused.
3 provisions across 2 enactments
Gurdial Singh
State of Punjab
RAMENDRA JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
