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