High CourtsDivision Bench(2010) 07 SHI CK 0131

Virender Negi vs State of H.P. and Others

High Court Of Himachal Pradesh · Decided on 28 July 2010

HON’BLE JUDGES
Sanjay Karol, J · Deepak Gupta, J

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Judgment

3 paragraphs · 239 words

Deepak Gupta, J.—By means of this petition, the petitioner has prayed that the respondents-State may be directed to produce Devender Negi in Court. After filing of the petition, it was found that Devender Negi who was missing since 4.1.2010 is probably not alive. The police under directions of this Court has been investigating the case and in fact, at the intervention of this Court, the case was marked to the CID for investigation. Not much progress has been made in the case. More than three and a half months have elapsed but nothing fruitful has turned out in the investigation. We feel that no fruitful purpose will be served by keeping the petition pending. Therefore, the petition is disposed of with a direction to the respondents-State to ensure that investigation is done properly in the matter and all aspects of the matter including the theory of last scene are taken into consideration.

2.

The investigation must come to an end at some stage. We, therefore, direct that the police must complete the investigation within three months from today and file an appropriate report before the concerned Magistrate on or before 15th November, 2010. Needless to say, in case the report is for cancellation of the case on any ground whatsoever then the concerned Magistrate shall issue notice of the report to the petitioner who shall be heard in the matter.

The petition is disposed of in the aforesaid terms.