Sulakhan Singh vs State Of Punjab And Others on 27 November, 2009

Crl. Misc. No. M-33584 of 2009                       (1)


     IN THE HIGH COURT OF PUNJAB & HARYANA AT
                    CHANDIGARH.


                        Crl. Misc. No. M-33584 of 2009
                        Date of decision: 27.11.2009


Sulakhan Singh                                ---      Petitioner


                             Versus

State of Punjab and others                    ----     Respondents

Before: Hon’ble Mr. Justice Rajan Gupta

Present: Mr. Kamal Grover, Advocate for the petitioner.

Rajan Gupta, J (Oral)

This is a petition under Section 482 Cr.P.C. seeking

release of the tractor, which is alleged to have been taken away by

the accused.

Learned counsel for the petitioner has argued that an FIR

bearing No.129 dated 11th August, 2009 was lodged under Sections

420, 406, 120-B IPC at Police Station City Gurdaspur, with the

allegation that a tractor of Sonalika make had been stolen by the

accused from the agency of the petitioner. According to the counsel

despite elapse of almost three months, the police has failed to

recover the tractor. He, thus, submits that a direction need to be

issued to the police to immediately effect recovery of the tractor in

question.

I have heard learned counsel for the petitioner and given

careful thought to the facts of the case.

Crl. Misc. No. M-33584 of 2009 (2)

The FIR was lodged on 11th August, 2009 and the matter

is admittedly still under investigation. Learned counsel has not been

able to point out any laxity on the part of the police in conducting

investigation.

Under the circumstances, no direction is required to be

issued by this court to conduct investigation in a particular manner.

The prayer made in the petition is totally misconceived. The petition

is thus dismissed being devoid of merit.

[Rajan Gupta]
Judge
November 27, 2009.

‘rajpal’