HARJINDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) According to the learned Counsel for the Petitioner, the Crl. Misc. No. M-31134 of 2010 [2] Petitioner is working in the State Bank of Patiala and he has not received any amount from the complainant Kailash Kaur, who is maternal aunt of the wife of the Petitioner. The present Petitioner and the co-accused namely Rajnish Malik had in fact lodged an FIR No. 406 on 06.11.2009 against one Darshan Bhatia, who is the real culprit. It was he who has taken the entire amount from the complainant. There are other FI Rs registered against Rajnish Malik. The police of police station Barara had conducted an inquiry on the application of the complainant, wherein the Petitioner was found innocent. Thereafter, on a complaint lodged by the complainant Kailash Kaur, the learned Illaqa Magistrate ordered registration of FIR.

(3.) The Petitioner is in custody since 04.09.2010. The challan in the case has been filed. His custody is, therefore, not required for invesigation. The trial in the case is likely to take time. Besides, the case is triable by the Judicial Magistrate of the First Class.