IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP-22832-2018 (O M)
Date of decision: 17.11.2018
Arun Kumar Menon …. Petitioner
V/s
State of Punjab and ors. …Respondent(s)
CORAM: HON’BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Vikram Chaudhari, Sr. Advocate,
with Mr. Sangram S. Saron, Advocate, and
Mr. Sonpreet S. Brar, Advocate, for the petitioner.
Mr. Gaurav Garg Dhuriwala, Sr. DAG, Punjab.
*****
RAJAN GUPTA , J. (Oral)
Petitioner has preferred this petition seeking transfer of
investigation of FIR No. 114 dated 23.05.2018 registered under Sections 420
IPC at Police Station P.S. Kotwali, Bathinda, to an independent agency.
Alternatively, to quash the same as no offence is made out as also to quash
order dated 06.06.2018 and subsequent warrants of arrest issued by CJM
Bathinda, pursuant to application moved by investigating agency.
It has been urged before the court that the transaction between
the petitioner and the complainant was primarily commercial in nature.
Certain business losses having been caused, instant FIR was lodged by the
complainant alleging breach of trust (Section 406 IPC) and cheating (Section
420 IPC). According to Mr. Chaudhari, the dispute is purely civil in nature.
There being no criminality involved, the FIR is misuse of power. Besides, in
case, complainant had any grievance of loss caused to him, he could have
sought the civil remedy. Alternatively, he has prayed that the investigation
be conducted by an independent agency such as CBI to prevent abuse of
process of law.
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CWP-22832-2018 (O M) ::2::
Learned State counsel has opposed the prayer. According to
him, the investigation agency found that a cognizable offence is made out
and the investigation is proceeding in the right direction. Same is being
conducted in an unbiased and impartial manner. This is borne out from the
fact that the investigating agency has already found the wife of the petitioner
innocent. Thus, it is not a fit case for handing over to Central Bureau of
Investigation. Even State police has an independent agency known as
Bureau of Investigation. It can handle this kind of investigation.
Having heard learned counsel for the parties, this court feels
that it need not make any observation regarding the merits of the case at this
stage. As Bureau of Investigation has been set up by the State for
investigating crimes of specialized nature, it would be appropriate that
investigation of instant case is handed over to it. Ordered accordingly.
The petitioner would be at liberty to seek appropriate remedy in
case petitioner has any apprehension of arrest. As the warrants of arrest
issued by the court at Bathinda may have lapsed, no order need be passed in
this regard as investigating agency is always at liberty to act as per
provisions of Cr.P.C.
In view of aforesaid order passed by this court, the prayer for
quashing of the FIR has rendered infructuous. Disposed of. A status report,
however, be submitted within two months.
(RAJAN GUPTA)
November 17, 2018 JUDGE
sukhpreet
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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