Petition sought direction for impartial investigation and final report in an FIR involving offences under IPC, SC/ST Act and IT Act. State reported that an untraced report had been filed and the petition stood infructuous. Court held no further direction was required and disposed of the petition.
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CRM-M-8822-2024
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
114
Criminal Misc. No. M-8822 of 2024 Date of decision :-21.10.2024
Manpreet Kaur
…..Petitioner
Versus
State of Punjab and others
…..Respondents
CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA
Present:Mr. Gulrej Khan, Advocate for the petitioner.
Mr. Kunwarbir Singh, AAG , Punjab.
NIDHI GUPTA J. (Oral)
Prayer in this petition is for issuing direction to the State of Punj a b and concerned Police off i cials for impartial, proper investiga t ion and to file the final repor t of the pending matter FIR No.0047 dated 12.3.2022 under Section 354-A IPC, 3(1) of SC and ST Act, 1 989 and Sections 67(A) and 6 7 (B) of I.T. Act, registered at police St a tion Gidderbaha, District Sri M u ktsar Sahib.
Learned counsel for the Sta t e has filed the Status Report by way of affidavit of Avtar Singh, Dep u ty Superintendent of Police, Sub Division Gidderbaha, District Sri M uktsar Sahib, in the Court today, w h ich is taken on record. Cop y thereof is supplied to the counsel opposite.
Learned counsel for the State has referred to the submissi o n made in para 16 of the said S t atus Report to submit that an
VIJAY ASIJA 2024.10.23 10.30 I attest to the accuracy and integrity of this document
CRM-M-8822-2024 2
untraced r eport was initially filed on 02.5.2023 before the learned Sub Division a l Judicial Magistrate, Gidderb a ha. However, the same was returned b y the learned Magistrate in v iew of the fact that offence under S e ction 3 of the Scheduled C a stes and Scheduled Tribes (Preventi o n of Atrocities) Act was incl u ded in the present case and therefore , the Untraced Report is now t o be filed before the learned Special C ourt at Sri Muktsar Sahib. It is submitted that in view of the same the present petition has been rende r ed infructuous. Moreover, if the petiti o ner has any grievance with th e untraced report, his remedy lies before the learned Magistrate and no t before this Court.
In view of the above, no fu r ther direction is required to be passe d in the present petition.
Disposed of .
Pending application(s), if an y , shall stands disposed of.
October 2 1, 2024 ( NIDHI GUPTA ) Vijay Asija JUDGE
Whether sp e aking/reasoned Yes / No Whether Re p ortable Yes / No
VIJAY ASIJA 2024.10.23 10.30 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a direction for impartial investigation and filing of final report in FIR No.0047 was warranted when an untraced report had been filed before the Magistrate.
4 provisions across 3 enactments
Manpreet Kaur
State of Punjab and others
Nidhi Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
