Dismissed¶¶17

Akash Malik v. State of Haryana and Others

Punjab & Haryana HC20 Mar 2025CRM-M/15183/2025

Case brief

AI extract

What is this about?

CRM-M-15183-2025 (O&M); High Court Punjab and Haryana; Manisha Batra, J.; decision 20.03.2025; transfer of investigation; Section 528 BNSS; Section 447 BNSS; FIR No. 26 dated 25.01.2025; Police Station Naraingarh, District Ambala; Section 25 Arms Act 1959; Sections 103(1), 109(1), 190, 191(3) Bharatiya Nyaya Sanhita 2023; Bar Association resolution; inability to engage advocate; legal aid to accused; Vicky Malik in custody since 06.02.2025; petition dismissed.

What did the court decide?

As the petitioner did not allege that the investigation was being conducted improperly or that it lacked fairness or impartiality, no ground was made out for issuing any direction for transfer of the investigation to another State. ¶¶17

Akash Malik Vs State of Haryana and… — Murder and Culpable Homicide | Punjab & Haryana HC (2025)

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CRM-M-15183-2025 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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128 CRM-M-15183-2025 (O&M) Date of decision : 20.03.2025

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Aakash Malik ...Petitioner

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Versus

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State of Haryana and others ...Respondents

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CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA

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Present:Mr. Vikram Satpal Anand, A d vocate for the petitioner.

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Mr. Arun Kumar Singla, AA G , Haryana.

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MANISHA BATRA, J. (Oral)

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The present petition has b e en filed by the petitioner u n der Section 5 2 8 read with Section 447 of B h aratiya Nagarik Suraksha San h ita, 2023 seek i ng transfer of investigation of c ase arising out of FIR No. 26 d ated 25.01.202 5 , registered under Section 25 o f the Arms Act, 1959 and Sec t ions 103(1), 1 0 9(1), 190 and 191(3) of Bhar a tiya Nyaya Sanhita, 2023 at P o lice Station N a raingarh, District Ambala to th e State of Punjab. 2. Learned counsel for the p e titioner has submitted that e lder brother o f the petitioner, namely Vicky M alik, has been falsely implicat e d in the afores a id case and is in custody sinc e 06.02.2025. It is further subm i tted that the alleged victim namely Harbilas w as an advocate and member o f the Bar Asso c iation Naraingarh and due to a resolution passed by the said Bar Associati o n, the petitioner could not eng a ge any advocate to defend the case of his br o ther. Hence, it is urged that the investigation of the cas e be transferre d to the State of Punjab.

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MOHAMMAD WASEEM ANSARI 2025.03.24 09:10 I attest to the accuracy and integrity of this document

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CRM-M-15183-2025 (O&M)

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Learned State counsel, who has advance notice of the pet i tion and is rea d y to argue the matter, has su b mitted that the investigation i n the present case is being conducted in a fair and impartial manner by the p o lice and in vi e w thereof, no case has been m a de out to transfer the same to any other Stat e .

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I have heard learned counsel f or the parties at considerable le n gth and have a lso gone through the record car e fully. 5. The only ground taken by the petitioner for transferring the investigat i on of the aforesaid case is that d ue to some resolution passed b y the local Bar A ssociation, he is not able to hi r e any lawyer for defending the case of his bro t her, who has been arraigned as a n accused in the said case and is in custody s i nce 06.02.2025. It is not the c a se of the petitioner that eithe r the investigat i on is not being conducted pro p erly or the same lacks fairne s s or impartiali t y. Hence, no ground has been made out for issuing any dire c tion with regar d to transfer of the investigation to any other place. Accordingly, the present p e tition is dismissed. So far as the availability of legal aid to the brother o f the petitioner is concerned, t h e same is to be seen by the C ourt concerned when it is approached either f o r grant of bail or for defendin g his case durin g trial.

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20.03.2025 (MANISHA BATRA) Waseem Ansari JUDGE

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Whe t her speaking/reasoned Yes/No Whe t her reportable Yes/No

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MOHAMMAD WASEEM ANSARI 2025.03.24 09:10 I attest to the accuracy and integrity of this document

Akash Malik v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Akash Malik v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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