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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
AVNEESH JHINGAN, J.
Mani Nayyar alias Mani Pahwa - Petitioner
Versus
State of Punjab and others - Respondents
CRM-M-4931 of 2021
Decided On : 25-02-2021
Section 482 Cr.P.C. - Fair Investigation - The court dismissed a petition seeking direction for fair and impartial investigation in an FIR under Section 376 IPC, as a Special Investigation Team had been constituted, and no interference was called for.
Fact of the Case:
The petitioner filed a petition seeking direction for fair and impartial investigation in an FIR under Section 376 IPC.
Finding of the Court:
The court dismissed the petition as a Special Investigation Team had been constituted, and no interference was called for.
Issues: Petition seeking direction for fair and impartial investigation in an FIR under Section 376 IPC.
Ratio Decidendi: No interference is called for when a Special Investigation Team has been constituted for the investigation.
Final Decision: The petition seeking direction for fair and impartial investigation was dismissed.
JUDGMENT :
AVNEESH JHINGAN, J.
1. The matter is taken up for hearing through video conference due to COVID-19 situation.
2. This petition under Section 482 Cr.P.C. is filed seeking direction to Commissioner of Police, Ludhiana and Station House Officer, Division No. 6, Ludhiana to conduct fair and impartial investigation in FIR No. 163 dated 27.6.2020, under Section 376 IPC, registered at Police Station Division No. 6, District Ludhiana. Further direction is sought to submit the status report and to submit final report under Section 173 Cr.P.C.
3. Learned counsel for the petitioner submits that the FIR is not being fairly investigated.
4. Learned counsel for the State, appearing on advance notice, on instructions from ASI-Kamaljeet Singh submits that the matter was investigated and now Special Investigation Team has been constituted.
5. In view of the fact that the matter is being investigated and now even Special Investigation Team has been constituted, no interference is called for in the present petition.
The petition is dismissed.
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