High Court of Punjab and Haryana, Chandigarh
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Ramandeep Singh & Anr v. State of Punjab & Ors - CRM-13440-M-2005  RD-P&H 4038 (13 July 2006)
Crl.Misc.No.13440-M of 2005
Ramandeep Singh and another Vs. State of Punjab and others Present : Mr. S.K. Sandhir, Advocate, for the petitioners.
Mr.B.S. Baath, AAG, Punjab.
Mr.S.S.Narula, Advocate for respondent no.6.
This order shall dispose of Crl.Misc.Nos. 13440-M of 2005 and 23131-M of 2003.
Prayer in this petition, filed under Articles 226/227 of the Constitution of India is, for the issuance of a writ, order or direction, for transferring the investigation of FIR, to the C.B.I.
Counsel for the State of Punjab submits that the police have prepared an untraced report (Annexure P-14) but the said report has not been presented before the trial Court, on account of the operation of a stay order dated 23.5.2003, passed in Crl.Misc.No.23131-M of 2003.
I have heard learned counsel for the parties and perused the respective paper books.
An untraced report has been prepared but on account of a stay operating in Crl.Misc.No.23131-M of 2003, it could not be filed.
Consequently, the Investigating Officer is directed, to file the untraced report forthwith, before a Court of competent jurisdiction. The Court, before which the untraced report is presented, shall thereafter issue notice to the petitioners and in the eventuality of any objections being raised to the acceptance of the untraced report, adjudicate the objections, in accordance with law. Needless to say, with the disposal of Crl.Misc.No.13440-M of 2005, the stay order passed in Crl.Misc.No.23131-M of 2003 stands vacated.
The present petitions stand disposed of accordingly.
14.7.2006 ( RAJIVE BHALLA )
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