High CourtsSingle Bench(2011) 08 P&H CK 0136

Arvind Kumar Kansal vs State of Punjab and another

Punjab And Haryana At Chandigarh · Decided on 30 August 2011

HON’BLE JUDGES
Ajai Lamba, J
CASE NUMBER
Criminal Miscellaneous No. M-26277 of 2011 (O and M)

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Judgment

5 paragraphs · 173 words

Ajai Lamba, J.—It has been argued that all the alleged incidents, as mentioned in the impugned FIR, took place within the jurisdiction of Panchkula. It has been contended that in such circumstances, FIR could not have been lodged in Police Station Kotwali, District Faridkot. It has further been pointed out that investigation is still pending and final report u/s 173 Cr.P.C. has not been filed till date.

2.

The relevant issues have been raised in the petition. Even the issue of jurisdiction in context of provisions of Section 177 Cr.P.C. is to be addressed by the investigating agency so that there is no abuse of procedure provided under the Code of Criminal Procedure, 1973.

3.

Because investigation is still pending, the petitioner is relegated to approach the investigating officer. The investigating officer is directed to take into account the contentions made in the petition and only thereafter finalize the investigation report.

4.

Petition is accordingly disposed of.

5.

Copy of the order be given under signatures of the Bench Secretary. 30.08.2011 (AJAI LAMBA)