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Judgment
Satyen Vaidya, J
By way of instant petition, petitioner has prayed for following substantive reliefs:-
(i) That petitioner seeks a direction from this Hon’ble Court ordering the investigation of incident of 08.09.2021 by Senior Police Officer headed SIT in a time bound manner under a court monitored mechanism of the criminal assault of petitioner in which inordinate delays has been caused which is a blot on the investigation system of the Himachal Police and the objective of penal law and the societal interest in setting the criminal law in motion against the offenders with reasonable expedition is thereby frustrated.
(ii) That in the alternative to prayer “A” above, call for a time abound Police investigation.
Grievance of the petitioner is that he was the victim but has been made as accused and the assailants have assumed the role of complainants.
At the time of hearing, it is disclosed that the police has already complete the investigation and report under Section 173(2) of the Cr.P.C already stands filed before the Court of competent jurisdiction. The matter is stated to be pending trial before learned Trial Court. In this view of the matter, the prayer made in the petition has been rendered infructuous.
At this stage, learned counsel for the petitioner has made a prayer that respondents be directed to preserve the CCTV Footage of the Police Station. The prayer also deserves to be rejected for the reason that the challan already stands filed and petitioner has not made any effort to seek any relief in this regard from the trial court. Moreover, petitioner has failed to avail legal remedy to prosecute the complainants. In this view of the matter also, the prayer so made by learned counsel for the petitioner loses relevance, at this stage.
Accordingly, the petition is dismissed.