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2025 DAILYLAW 95980 (PNJ)

PRABHASH CHHAKKAR v. STATE OF HARYANA AND OTHERS

CRM-M/48478/2019 · 2025-04-04

Harpreet Singh Brar

body2025

Judgment text

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210 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-48478-2019 (O&M) Date of Decision: 04.04.2025 PRABHASH CHHAKKAR …Petitioner V/S STATE OF HARYANA AND OTHERS …Respondents CORAM: HON’BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Munish Gupta, Advocate for the petitioner. Mr. Vikas Bhardwaj, AAG Haryana. Ms. Deepika, Advocate for Mr. Sandeep Kumar Yadav, Advocate for respondents No. 5 and 6. **** HARPREET SINGH BRAR J. (Oral) This petition has been filed under Section 482 of Cr.P.C. seeking issuance of appropriate directions for handing over investigation in FIR No. 554 dated 22.10.2018 (Annexure P-1) registered under Sections 147, 149, 323, 379-B and 341 of Indian Penal Code at Police Station City Narnaul District Mahendergarh to an independent agency or for formulation of Special Investigation Team (SIT) for re-investigation in the FIR(supra). Learned State counsel, at the outset, on instructions from ASI Sanjay submits that Investigating Agency has already concluded the investigation in FIR(supra) and presented the final report under Section 173 Cr.P.C. before the jurisdictional Court, therefore, the grievance raised by the petitioner in the present petition has been substantially redressed. Faced with the above, learned counsel for the petitioner submits that all the grievances raised by the petitioner in the present petition have still not been redressed as the medical record has not been incorporated in the AJAY GOSWAMI 2025.04.05 12:18 I attest to the accuracy and integrity of this document CRM-M-48478-2019 (O&M) -2- final report and further the concerned doctor has not been cited as a prosecution witness. Per contra, learned counsel for respondents No. 5 and 6 submits that the present petition has become infructuous. In view of the above, the present petition is disposed of as such. The petitioner is granted liberty to file appropriate application before trial Court for production of medical record and summon the concerned doctor. In case, such application is filed, learned trial Curt is directed to decide the same accordance with law. Further, if any grievance, raised in the present petition, still survives, the petitioner would be at liberty to avail the alternative remedy as may be available to him, in accordance with law. (HARPREET SINGH BRAR) 04.04.2025 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2025.04.05 12:18 I attest to the accuracy and integrity of this document