Punjab-Haryana High Court
Santra Devi vs State Of Haryana And Ors on 10 March, 2016
Author: Jaspal Singh
Bench: Jaspal Singh
CRM-M-36862 of 2015 --1--
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-36862 of 2015
DECIDED ON: March 10, 2016
SANTRA DEVI
.....PETITIONER..
VERSUS
STATE OF HARYANA & ORS
....RESPONDENTS..
CORAM: HON'BLE MR. JUSTICE JASPAL SINGH
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: Mr. B.S. Bairagi, Advocate
for the petitioner.
Mr. Tanuj Sharma, AAG, Haryana
*****
JASPAL SINGH, J.
This is a petition preferred under Section 482 of the Code of Criminal Procedure by Ms. Santra Devi-petitioner, seeking direction to respondents No. 1 to 4 to investigate the matter in proper manner; to arrest respondents No. 5 to 9 and further to put up the challan against them.
2. After the registration of zero FIR No. 20150001, dated 05.05.2015, Police Station City Hisar, under Sections 302 and 301 IPC, the matter was inquired into thoroughly by the police and it came to the conclusion that the occurrence took place at Ahmedabad. The relevant portion of the reply filed on behalf of respondents No. 1 to 4, reads as under:-
SONIKA 5. "That the police has inquired the matter 2016.03.15 13:46 I attest to the accuracy and integrity of this document Chandigarh CRM-M-36862 of 2015 --2--
thoroughly and the occurrence took place at Ahmedabad. So, the Police of Police Station Batwa has the jurisdiction to deal with the investigation of the present matter. So, in this background the present matter has duly been inquired by the Police of Police Station City Hisar and Police Station Batwa.
6. That as per the record of the Hotel Balaji, deceased along with other persons was there in Ahmedabad which was corroborated by the statements of the witnesses on 17.03.2015 as he spoke to his mother and the post-mortem was conducted on 20.03.2015 and moreover the duration of death and post-mortem is 2 to 5 days. So, in this eventuality also the death of the son of petitioner was in the jurisdiction of Gujarat and no occurrence took place in the jurisdiction of Police Station City, Hisar, therefore, no question of taking any action the said case arises and the police of Police Station City Hisar registered the zero FIR and sent the same to the Police Sation Batwa for necessary action along with documents. It is also pertinent to mention here that the Police Station Batwa has not been added as party in the present petition."
3. Since, no occurrence is stated to have taken place in the jurisdiction of Police Station Hisar, therefore, the question of taking any action in the present petition does not arise. Rather, the instant petition has rendered infructuous and same is disposed of accordingly.
March 10, 2016 (JASPAL SINGH)
sonika JUDGE
SONIKA
2016.03.15 13:46
I attest to the accuracy and
integrity of this document
Chandigarh