IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl.Misc.No.M-30040 of 2009 (O&M)
Date of decision : 17.12.2009
Naresh Kumar alias Gupta
....Petitioner
Versus
State of Punjab
...Respondent
CORAM : HON'BLE MR.JUSTICE MAHESH GROVER
....
Present: Mr.K.G.Chaudhary, Advocate
for the petitioner.
Mr.Gaurav Garg Dhuriwala, AAG, Punjab
for the respondent.
....
MAHESH GROVER, J.
This is a petition under Section 438 of the Code of
Criminal Procedure for release of the petitioner in terms thereof in a
case registered vide FIR No.52 dated 16.9.2009 under Sections
365/323/148/149 IPC, at Police Station Koom Kalan, District
Ludhiana.
Learned counsel for the petitioner contended that he is
neither named in the FIR nor anything has been recovered from him
and that he has no relation with the main accused and also with the
complainant. He further contends that pursuant to the order dated
27.10.2009 he has since joined the investigation.
Crl.Misc.No.M-30040 of 2009 (O&M) -2-
Learned counsel appearing for the State of Punjab
contends that the petitioner’s complicity has been established during
the supplementary statement and that the car in which the
complainant was abducted belonged to the petitioner.
To this learned counsel for the petitioner contended that
he has been falsely implicated and his car was taken away from the
village.
I have heard the learned counsel for the parties.
Noticing the fact that even during the period when the
petitioner had moved an application before the court below, he had
been granted the interim protection and in view of that, pursuant to
the filing of this petition, he was granted interim protection here as
well, and the fact that he has joined the investigation to the
satisfaction of the Investigating officer, which fact has not been
controverted by the learned counsel for the State on instructions from
ASI Karamjit Singh, I deem it appropriate to accept the present
petition.
Accordingly, the petition is accepted and the interim
directions dated 27.10.2009 are hereby made absolute till the filing of
the challan subject to the condition that the petitioner continues to
comply with the provisions of Section 438(2) Cr.P.C.
17.12.2009 (MAHESH GROVER)
JUDGE
dss