IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-4904 of 2010 (O&M) Date of Decision:- 09.09.2010 Kallu ....Petitioner(s) vs. State of Haryana etc. ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.V.K.Bali, Advocate, for the petitioner. Mr.S.S.Mor, Sr.D.A.G., Haryana, for the respondents. *** AUGUSTINE GEORGE MASIH, J. (Oral) Prayer in the present petition is for transfer of the investigation to Central Bureau of Investigation or Vigilance Department or any other Agency with regard to F.I.R.No.1 dated 1.1.2010 under Sections 364, 302, 34 IPC, registered at Police Station Nagina, Tehsil and District Mewat Nuh (Haryana). Counsel for the petitioner contends that the investigation is not being properly conducted and the accused have joined hands with the investigating Agency and the investigating Agency has in connivance with them, as per the written statement, prepared a cancellation report. He contends that the statement of the witnesses have been wrongly recorded. He has placed reliance on the affidavits so placed on record as Annexures P-4 and P-5 which have been filed by the witnesses stating therein that their statements have been wrongly recorded by the police. He, therefore, Crl.Misc.No.M-4904 of 2010 (O&M) -2- contends that the present petition deserves to be allowed. On the other hand, counsel for the respondents submits that the matter was earnestly investigated into and upon investigation, it was found that it was a case of an accident which had taken place in the Police District, Alwar Rajasthan where the complete documents had been sent for registration of the case at Police Station MIA Alwar on 8.3.2010. He further contends that the cancellation report after preparation has been sent for approval to the Higher Authorities which is under consideration. I have heard counsel for the parties and have gone through the records of the case. The reply filed by the respondents indicates that the accident had taken place within the jurisdiction of Police Station MIA Alwar and the documents have been sent to the concerned Sr. Superintendent of Police, for registration of the case and for investigation. In case a cancellation report as is stated to have been prepared is approved by the higher authorities and then presented before the competent Court, the petitioner shall certainly have a right to file a protest petition against the same as provided under law. In view of the above, the present petition is disposed of. September 09, 2010 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE