Disposed

Arun Kumar and Anr. v. State of Punjab and Ors.

Punjab & Haryana HC5 Dec 2024CRWP/6221/2023

Case brief

AI extract

What is this about?

Writ petition sought protection from false implication and advance notice in investigation of an FIR under Sections 380 and 454 IPC. The Court held that investigation is the domain of investigating agencies and interference is exceptional, disposing of the petition with a direction to investigate according to law.

What did the court decide?

Petition disposed of with direction to investigate in accordance with law; liberty to raise grievances before trial Court.

Arun Kumar and Anr. Vs State of Punjab and Ors. — Quashing and FIR | Punjab & Haryana HC (2024)

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CRWP No. 6221 of 2023 - 1-

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (229)

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CRWP No. 6221 of 2023 Date of decision : 05.12.2024

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Arun Kumar and another

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................Petitioners

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vs.

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State of Punjab and others .................Respondents

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CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ

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Present: Mr. L.M. Gulati, Advocate for the petitioners.

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Mr. J.S. Arora, Deputy Advocate General, Punjab.

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RAJESH BHARDWAJ, J. (Oral)

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Instant petition has been filed under Article 226 of the Constitution of India, praying for issuance of a writ, order or direction, especially in the nature of Mandamus, directing respondents No. 2 to 5 to protect the life, liberty and property of the petitioners at the hands of respondents No. 6 to 9, who are trying to falsely implicate the petitioners in face and baseless cases. Further prayer has been made for issuance of appropriate direction to respondents No. 2 to 5 that in case the petitioners are required in any complaint or case, then at least 10 days advance notice may be given to the petitioners as per Section 160 Cr.P.C.

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Learned counsel for the petitioners has raised the issue regarding the implication of the petitioners in FIR No. 69 dated 15.04.2023 u/s 380, 454 IPC registered at Police Station Beas, District Amritsar. He has

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BANITA CHUGH 2024.12.13 18:12 I attest to the accuracy and integrity of this document

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CRWP No. 6221 of 2023 - 2-

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submitted that two disclosure statements of the co-accused had been recorded by the Investigating Agencies, which are self contradictory.

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Learned State counsel has drawn the attention of this Court to the status report filed.

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On hearing, it is apparent that the precise issue involved in the present case is regarding the investigation in the FIR No. 69 dated 15.04.2023 u/s 380, 454 IPC registered at Police Station Beas, District Amritsar. The record would reveal that the statements of co-accused are recorded, which are being questioned to the petitioners also. Investigation is the domain of the Investigating Agencies and interference of the Court in the same is only in exceptional circumstances, where it is necessary to interfere.

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However, in view of the above, the present petition is disposed of with the direction to the Investigating Agencies to proceed with the investigation in accordance with law.

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The petitioners would be at liberty to raise their grievances, before the trial Court, as in accordance with law.

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( RAJESH BHARDWAJ ) 05.12.2024 JUDGE chugh Whether speaking / reasoned Yes / No Whether reportable Yes / No

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BANITA CHUGH 2024.12.13 18:12 I attest to the accuracy and integrity of this document

Arun Kumar and Anr. v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Arun Kumar and Anr. v. State of Punjab and Ors.

Case brief

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