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Manjeet Kaur Vs State of Punjab

Case No: CRM M-8801 of 2014

Date of Decision: July 24, 2014

Acts Referred: Criminal Procedure Code, 1973 (CrPC) — Section 163(2)

Hon'ble Judges: M.M. Singh Bedi, J

Bench: Single Bench

Advocate: Arun Takhi, Advocate for the Appellant; C.S. Brar, DAG, Advocate for the Respondent

Final Decision: Dismissed

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Judgement

M.M. Singh Bedi, J.@mdashThe petitioner is a complainant in a case registered against respondents No. 5 and 6 alleging that she was duped of a

sum of Rs. 8 lacs on a promise that his son would be sent to Cyprus for six months and thereafter to UK. Feeling dissatisfied with the investigation,

a direction has been sought for to handover the investigation to any officer of the higher rank.

2. It has been informed that the investigation is being conducted by an officer of the rank of DSP. The allegations of pressurizing the complainant to

compromise the matter with a threat that FIR would be cancelled, seem to be not believable as the DSP after conducting the inquiry has found

Baldev Singh to be guilty of having committed the offence in connivance with Mohan Singh. An application filed by both the accused for pre-arrest

bail has been dismissed.

3. Counsel for the petitioner has not been able to point out any violation of the provisions of Chapter XII of Cr.P.C.

4. This petition is dismissed. However, it is observed that in case petitioner feels that some evidence which is available is not being taken into

consideration, it will be open to the petitioner to submit an application to the investigating officer or to the SSP u/s 163(2) Cr.P.C. It is ordered

that in case any person voluntarily offers to give a statement relevant for fair investigation, it will not be refused in the spirit of Section 163(2)

Cr.P.C.