SUKHWANT SINGH Vs. STATE OF PUNJAB & ANOTHER

JUDGEMENT

(1.) THE petitioner had approached this Court by way of CRMM No. 33631 of 2009 making an identical prayer for handing over the investigation in FIR No. 28 dated 10.6.2011, under Sections 302 and 364 IPC to some independent agency. The alternative prayer was to direct respondent No. 2 to constitute Special Investigation Team to undertake investigation of the said FIR. In response, State pointed out before this Court that Special Investigation Team has been constituted. It was also disclosed that Senior Superintendent of Police, Moga had not agreed with the investigation conducted by Gurmail Singh, SP(D), Moga and that is how he has constituted Special Investigation Team, which was to submit report after the investigation. The said Criminal Misc.Petition was accordingly disposed of as having become infructuous.

(2.) WITHOUT disclosing the outcome of this investigation, another petition has now been filed making almost identical prayer for handing over the investigation to some independent agency. Alternatively, it is prayed that directions be issued to the trial Court to take cognizance under Section 190 Cr.P.C. When asked as to how this court can issue direction for the trial court to take cognizance that being a matter entirely within the power and discretion of the court concerned, the counsel prays for permission to withdraw this petition.

(3.) THE petition is accordingly dismissed.