IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-2148 of 2010 Date of Decision: April 27, 2010 Hansira .....PETITIONER(S) VERSUS State of Haryana & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. Vipul Aggarwal, Advocate, for the petitioner. Mr. Tarun Aggarwal, Senior Deputy Advocate General, Haryana, for respondent Nos.1 to 6. None for respondent Nos.7 and 8. . . . AJAI LAMBA, J (Oral) The petition has been filed under Section 482 Cr.P.C. for handing over the investigation of case FIR No.294 dated 26.11.2009 under Sections 323, 354, 452, 34 IPC, Police Station, Ferozepur Jhirka, District Mewat, to Crime Branch or any other independent agency. Learned counsel for the respondent- State has filed reply of Ram Singh, IPS, Superintendent of Police, Mewat at Nuh, sworn on Crl. Misc. No. M-2148 of 2010 [2] 24.4.2010. I have gone through the reply. It transpires that blood sample of accused Sabir for DNA examination has been taken by the doctor on 10.12.2009 and the same has been sent to FSL Madhuban alongwith the parcel of clothes and swabs of alleged victim Sehruna for comparison. Whenever the DNA test comes and indicates commission of rape, relevant provisions of Indian Penal Code would be invoked. It has also been brought out that Ashu @ Ash Mohammad, Sayra and Sahidan were arrested and produced before the Illaqa Magistrate. The said persons have been released on bail. Sabir has also been arrested. In view of the reply filed by the Superintendent of Police, Mewat at Nuh, no ground for handing over the investigation to an independent agency is made out. It is however made clear that as and when the investigation report is filed, the petitioner would have a right to approach the concerned Magistrate if he has any grievance in regard to the manner in which the investigation has been conducted or in regard to lacunae in the investigation for re-investigation or further investigation. Crl. Misc. No. M-2148 of 2010 [3] The Magistrate, considering the facts and circumstances that arise, would deal with the matter as permissible in law and as warranted by facts. The petition is disposed of accordingly. (AJAI LAMBA) April 27, 2010 JUDGE avin 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest?