ishwar Devi Vs. State of Haryana and Others

ishwar Devi vs State of Haryana and Others

Type Court Judgment Court Punjab and Haryana Decided Aug 22, 2013

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Citation: sooperkanoon.com/1065578
Court: Punjab and Haryana High Court
Decided On: Aug 22, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

ishwar Devi

Respondent

State of Haryana and Others

Excerpt

.....(annexure p9) and to protect life and liberty of the petitioner from the person arrayed as accused in the fir. counsel for the petitioner is fair enough to concede that with regard to investigation of the fir, this court on march 12, 2013 passed an order, a relevant extract whereof reads as follows:- “it has been informed that with regard to fir no.330 dated 27.07.2012 the fsl report states that the comparison of the thumb impressions of the testator of davinder kumar the will in favour of the accused person cannot be 2013.08.26 14:15 i attest to the accuracy and integrity of this document crm-m-31785-2012 2 carried out as they are too faint and consequently the cancellation report is being filed, since as per the learned assistant advocate general the matter is before the civil court and no further action can be taken till such time the decision of the civil court comes. in my opinion, even if the above said plea can be accepted the fir can be kept pending till the decision of the civil court. apart therefrom there is no explanation as to why due action was not taken on the report (annexurep-8) and the representation (annexure p-13).” a perusal of the aforesaid order would reveal that fir in question will be kept pending till the decision by civil court in the pending litigation. counsel for the state of haryana has submitted that the directions issued by this court in this regard would be complied with. with regard to threat perception to the petitioner, counsel has submitted that the petitioner has been provided two security guards round the clock. it is further submitted that the arrangement made in the present proceedings providing two security guards to the petitioner to ensure safety of her life and liberty may be allowed to continue till the disposal of civil proceedings by the trial court. counsel for the state of haryana has got no objection and stated that security already provided to the petitioner would continue to guard her life and liberty till.....

Full Judgment

CRM-M-31785-2012 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-31785-2012 Date of decision :

22. 08.2013 Ishwar Devi ..Petitioner Versus State of Haryana and others ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Rakesh Nagpal, Advocate for the petitioner.

Mr.Anupam Sharma, AAG, Haryana for the respondents.

REKHA MITTAL, J.(ORAL) Status report by way of affidavit of Shiv Chand Attri, Superintendent of Police, Fatehabad, filed in Court is taken on record.

The petitioner approached this Court under Section 482 Cr.P.C.for issuance of a direction to the respondents to complete the investigation of FIR No.330 dated 27.07.2012 under Sections 420, 467, 471, 120-B IPC registered at Police Station City Fatehabad, District Fatehabad (Annexure P9) and to protect life and liberty of the petitioner from the person arrayed as accused in the FIR.

Counsel for the petitioner is fair enough to concede that with regard to investigation of the FIR, this Court on March 12, 2013 passed an order, a relevant extract whereof reads as follows:- “It has been informed that with regard to FIR No.330 dated 27.07.2012 the FSL report states that the comparison of the thumb impressions of the testator of Davinder Kumar the Will in favour of the accused person cannot be 2013.08.26 14:15 I attest to the accuracy and integrity of this document CRM-M-31785-2012 2 carried out as they are too faint and consequently the cancellation report is being filed, since as per the learned Assistant Advocate General the matter is before the Civil Court and no further action can be taken till such time the decision of the Civil Court comes.

In my opinion, even if the above said plea can be accepted the FIR can be kept pending till the decision of the Civil Court.

Apart therefrom there is no explanation as to why due action was not taken on the report (AnnexureP-8) and the representation (Annexure P-13).”

A perusal of the aforesaid order would reveal that FIR in question will be kept pending till the decision by Civil Court in the pending litigation.

Counsel for the State of Haryana has submitted that the directions issued by this Court in this regard would be complied with.

With regard to threat perception to the petitioner, counsel has submitted that the petitioner has been provided two security guards round the clock.

It is further submitted that the arrangement made in the present proceedings providing two security guards to the petitioner to ensure safety of her life and liberty may be allowed to continue till the disposal of civil proceedings by the trial Court.

Counsel for the State of Haryana has got no objection and stated that security already provided to the petitioner would continue to guard her life and liberty till the disposal of civil suit by the trial Court.

In view of the above, the petition stands disposed of.

(REKHA MITTAL) JUDGE August 22, 2013.

Davinder Kumar

Same Court & Year Punjab and Haryana · 2013 Same Parties ishwar Devi vs State of Haryana and Others Same Subject Land Acquisition