Punjab-Haryana High Court
Shri Digamber Jain Society Through Its ... vs State Of Haryana And Others on 23 March, 2009
Author: S.S. Saron
Bench: S.S. Saron
In the High Court of Punjab and Haryana at Chandigarh
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Criminal Misc. No.M-8051 of 2009
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Date of decision:23.3.2009
Shri Digamber Jain Society through its Cashier
.....Petitioner
v.
State of Haryana and others
.....Respondents
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Present: Mr. Ashish Aggarwal, Advocate for the petitioner.
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S.S. Saron, J.
This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) for directing the transfer of investigation of case FIR No.175 dated 30.4.2008 registered at Police Station City, Karnal to some independent agency. It is submitted that despite lapse of ten months the investigating agency has not taken any action against the culprits.
In Sakiri Vasu v. State of U.P. and others, 2008 (1) RCR (Cr.) 392 (SC) it was observed that if after registering a FIR no proper investigation is held, it is open to an aggrieved person to file such application under Section 156(3) Cr.P.C. before the learned Magistrate concerned. If such application under Section 156(3) Cr.P.C. is filed before the Area Magistrate, the Magistrate can direct proper investigation to be made in a case where, according to the aggrieved person, no proper investigation was made. However, resort to Section 482 Cr.P.C. for such direction is normally not to be adopted.
Criminal Misc. No.M-8051/2009 [2] In the circumstances, the petitioner, if so advised, may approach the Area Magistrate in the first instance in case he is aggrieved against the inaction of the Police. The criminal miscellaneous petition is accordingly disposed of.
March 23, 2009. (S.S. Saron) Judge *hsp*