High CourtsSingle Bench(2011) 06 P&H CK 0032

Usma vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 2 June 2011

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
CASE NUMBER
Criminal Miscellaneous No. M 15942 of 2011

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Judgment

6 paragraphs · 291 words

Kanwaljit Singh Ahluwalia, J.—This petition has been filed u/s 482 Code of Criminal Procedure praying that directions be issued to Respondents No. 2 and 3, to take strict legal action against Respondents No. 4 to 12, who are stated to have committed gang rape with the daughter of the Petitioner.

2.

Counsel for the State on instructions from HC Kamal, P.S. Punhana, has submitted that the investigation of the case FIR No. 143 dated 15.4.2011, registered at Police Station Punhana, under Sections 363 and 366-A IPC, in which offence u/s 376(g) was added later on, shall be completed and final report, along with opinion of the Investigating Officer, shall be filed in the court of concerned area Judicial Magistrate within one month from today.

3.

Counsel for the Petitioner has made another grievance that the statement of the prosecutrix (name withheld to protect her identity) is not being recorded u/s 164 Code of Criminal Procedure

4.

Counsel for the State, on instructions from HC Kamal, has further stated that in case the prosecutrix appears before the Investigating Officer, she will be produced before the concerned area Judicial Magistrate for recording her statement u/s 164 Code of Criminal Procedure

5.

Counsel for the Petitioner, at this stage, has submitted that the prosecutrix shall appear in the court of concerned area Judicial Magistrate on 8.6.2011 at 10 a.m. to facilitate recording of her statement u/s 164 Code of Criminal Procedure Counsel for the State has further submitted that a formal application to this effect shall also be filed by the Investigating Officer in the Court of concerned area Judicial Magistrate.

6.

In view of the statements made by Counsel for the Petitioner and Counsel for the State, the present petition is disposed of.