Dharampal Vs State of Haryana and others

High Court Of Punjab And Haryana At Chandigarh 14 Sep 2012 Criminal Miscellaneous No. M-28612 of 2012 (O and M) (2012) 09 P&H CK 0012
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Criminal Miscellaneous No. M-28612 of 2012 (O and M)

Hon'ble Bench

Rameshwar Singh Malik, J

Advocates

Vikas Mor, for the Appellant;

Acts Referred
  • Criminal Procedure Code, 1973 (CrPC) - Section 482
  • Penal Code, 1860 (IPC) - Section 409, 420, 467, 468, 471

Judgement Text

Translate:

Rameshwar Singh Malik, J.

Crl. Misc. No. M-54952 of 2012

1. Application is allowed subject to just exceptions. Crl. Misc. application stands disposed of.

Crl. Misc. No. M-28612 of 2012

2. Feeling aggrieved against the alleged inaction on the part of administrative authorities, the petitioner has approached this court by way of instant petition u/s 482 Cr.P.C, invoking its inherent jurisdiction, seeking direction against the official respondents to change the investigation from respondent no. 5 to some independent agency for effective investigation in case FIR No. 109 dated 12.6.2012 u/s 420,409,467,468,471 IPC at Police Station Baroda.

3. Learned counsel for the petitioner submits that initially police was not registering the FIR, which came to be registered only with the intervention of the court. Thereafter, the investigating agency is sitting tight over the matter and no progress is being made for investigating the crime. Having been left with no other option, the petitioner approached the Superintendent of Police Sonepat-respondent no. 3 by way of representation dated 5.9.2012 Annexure P-4 (Colly) but the same is also pending decision. Learned counsel for the petitioner also submits that the petitioner would be satisfied, in case Superintendent of Police, Sonepat-respondent no. 3 is directed to look into the matter and take appropriate action, in accordance with law.

4. Having heard the learned counsel for the petitioner and after going through the record of the case, this court is of the considered opinion that it is just and expedient to direct Superintendent of Police, Sonepat-respondent no. 3 to consider the grievance of the petitioner, which prima facie seems to be genuine.

5. In view of the above and to secure the ends of justice, Superintendent of Police, Sonepat-respondent no. 3 is directed to look into the matter considering the grievance of the petitioner, which has already been raised by him, vide his above said representation dated 5.9.2012, dispassionately and expeditiously, taking an appropriate action, in accordance with law.

6. Superintendent of Police, Sonepat, is further directed to ensure that no harm is caused to the life and liberty of the petitioner at the hands of the accused in the FIR. With the observations made above, the present petition stands disposed of.

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