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2022 Supreme(P&H) 1283

SANT PARKASH
Hitesh Bhardwaj – Appellant
Versus
State Of Punjab – Respondent


Advocates:
Mr. R.S. Rai, Senior Advocate, with Mr. Rajat Khanna, Advocate and Mr. Ashutosh, Advocate,, for the Appellant; Mr. Tanvir Joshi, Assistant Advocate General, Punjab. Mr. Rajeev Anand, Advocate, for respondent No.2 - CBI. Mr. Preetinder Singh Ahluwalia, Advocate, for respondent No.3, for the Respondent

JUDGMENT

Sant Parkash, J. - CRM-43483-2021

1. Application under Section 482 Cr.P.C. for placing on record short reply by way of affidavit of Nitesh Bhardwaj - respondent No.3 is allowed.

2. Reply taken on record.

CRM-M-43601 of 2021

3. Through the instant petition under Section 482 Cr.P.C. seeking transfer of investigation of case FIR No.354 dated 30.10.2020 (Annexure P-24) under Sections 302, 120-B IPC registered with Police Station, Civil Lines, Batala to Central Bureau of Investigation or any other independent agency outside the jurisdiction of the State of Punjab.

4. The petitioner is the complainant of present FIR. Earlier FIR No.121 dated 26.04.2013 (Annexure P-1) under Sections 302/34 IPC was registered with Police Station, Vasant Kunj (South), Delhi, in relation to the murder of Deepak Bhardwaj, father of petitioner herein. During investigation, police authorities arrested petitioner's brother Nitesh Bhardwaj (respondent No.3). Though, he was acquitted by the trial court as the sole eye witness of the occurrence died in a road accident in Ludhiana before he could testify in the trial. The judgment of acquittal of respondent No.3 was challenged by the petitioner as well as the Sta

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