NEERA DIWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) With the consent of the learned counsel for the parties, the dates of hearing of the main cases are preponed from 19/5/2022, and, they are taken up today itself. 2. Applications are disposed of.

(2.) The petitioner is an accused in the afore FIR, wherein, the offences (supra) are embodied. A prayer is made for the quashing of order of 20/11/2013, as, made by the learned Magistrate concerned, where through, he, after rejecting the closure report, as became preferred, before him, by the Investigating Officer (IO) concerned, hence in the above year also, proceeded to make summoning orders, upon, the petitioner.

(3.) The IO concerned, who launched the investigations, in the year 2004-05 into the FIR (supra), proceeded to, on 27/4/2005, make a proposal for instituting a cancellation report qua the offences (supra), before the learned Magistrate concerned. However, the complainant, on 23/1/2006, instituted a petition before the Superintendent of Police, Sirsa, and therein, he asked that a fair and unbiased investigation may be ordered, to be carried by the IO concerned, into the offences (supra), and, that no affirmative recommendation be made by the Superintendent of Police, Sirsa, for the proposed closure report, being submitted, before the learned Magistrate concerned, by the IO concerned. The above petition resulted in the Superintendent of Police, Sirsa, proceeding to, on 6/3/2009, make an order for re-investigations. In the meantime, one of the accused, namely, Neera Diwan, proceeded to institute a Criminal Revision Petition No. 49 of 2009, before the learned Additional Sessions Judge, Sirsa, therein claiming, relief that the above made order of the Superintendent of Police, Sirsa, be quashed and set aside. However, given the reply to the above criminal revision petition, being made by the learned Public Prosecutor concerned, with disclosures therein, that re-investigations into the offences, carried in the FIR (supra), are yet underway, and, that a closure report is likely to be filed, before the learned Magistrate concerned. Consequently, on the request of the aggrieved, one, Neera Diwan, she was permitted to, hence seek an order qua the petition, being disposed of, as, becoming infructuous, on the ground that the cancellation report is to be instituted, by the IO concerned, before the learned Magistrate concerned. Accordingly, the above order was also made.