CRM No.M-35708 of 2010 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-35708 of 2010 (O & M) Date of decision : 19.8.2011 Pratibha ........Petitioner Vs. State of Haryana and others ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Ms. Ruchi Sekhri, Advocate, for the petitioner Mr.S.S. Nara, Senior DAG, Haryana Mr. Ashok Aggarwal, Advocate, for CBI --- AJAI LAMBA, J (Oral) : This petition filed under Section 482 of the Criminal Procedure Code, 1973 prays for issuance of directions to respondents No.1 & 2 to transfer investigation of case FIR No.187 dated 3.4.2010 registered under Sections 406, 420, 506 and 341 of the Indian Penal Code, Police Station Rohtak Civil Lines, Rohtak, placed on record as Annexure P-9, to Central Bureau of Investigation Learned counsel appearing for the petitioner contends that offence of cheating and misappropriation has been committed by Subhash and his wife Sunita. Subhash is a police constable and after concerted efforts of the petitioner, a cognizable offence has been registered against Subhash. Learned counsel appearing for the respondent-State has pointed out that challan has already been presented in Court, nominating Subhash as the accused. No incriminating material could be found against his wife Sunita. CRM No.M-35708 of 2010 (O & M) -2- Learned counsel appearing for the petitioner pointed out that in one of the investigation/enquiry reports, Sunita has also been indicted. However, under influence of Subhash, she has not been nominated as an accused. In my considered opinion, the facts & circumstances of the case do not make out a case for issuing direction to transfer the case to Central Bureau of Investigation. Challan has already been presented. The petitioner has the remedy of seeking further investigation or re-investigation in view of the investigation/enquiry reports or to file an application at an appropriate stage to summon Sunita to stand trial as an additional accused. The petitioner also has the remedy of filing a complaint. In view of the fact that challan has already been filed and a number of alternate remedies are available with the petitioner, no ground for issuance of directions for transfer of case is made out. The petition is dismissed. (AJAI LAMBA) JUDGE 19.8.2011 akm