Rajeev Nayyar vs Union Territory and Others

Surya Kant, J.—The Petitioner seeks a Mandamus to direct Respondents No. 1 to 3 to hand-over the investigation of the criminal case FIR No. 152 dated 26.06.2010 [Annexure P-9] under Sections 323, 307, 341/34 IPC, registered at Police Station, Sector 36, Chandigarh, to the Central Bureau of Investigation.

In deference to the order dated 07.02.2011, Shri Sukhbir Singh Rana, SHO, Police Station, Sector 36, Chandigarh has filed an affidavit of the SSP, Chandigarh along with the status report which are taken on record.

The replication filed by the Petitioner refuting the allegations made by Respondent No. 5 is also taken on record.

Shri Rana informs that during the course of investigation, the 5th Respondent has been arrested. He, however, explains that the investigation is yet to be completed. The affidavit of the SSP, Chandigarh reveals that day-to-day investigation is being monitored by him. That being so, the order dated 07.02.2011 stands complied with.

Learned Counsel for the Petitioner submits that in view of the later developments noticed above, the Petitioner is satisfied with the on-going investigation and no further directions are required to be issued at this stage.

The writ petition is accordingly disposed of, however, with a clarification that these proceedings shall not be deemed to be an expression of views by this Court on the allegations/counter allegations and the matter shall be required to be investigated by the Investigating Agency in a fair, transparent and dispassionate manner. The on-going investigation shall be completed expeditiously. The parties shall be at liberty to raise their respective pleas before an appropriate forum as and when occasion arises.

Disposed of Dasti.