No Reason To Doubt State: Punjab & Haryana High Court To Wife Of Nuh Violence Accused Apprehending Biased Investigation

The Punjab & Haryana High Court has refused to order SIT probe into a FIR lodged against a cab driver in the aftermath of Nuh violence in Haryana.

Bench of Justice Vinod S. Bhardwaj said it has no reasons to doubt that a fair and impartial investigation would be conducted by the State agency.

The bench was seized with the plea moved by the accused's wife. She claimed her husband was not even present in the vicinity at the time of occurrence of the incident as he had left for Delhi but he was falsely implicated in the case registered under Sections 148 (rioting), 149 (unlawful assembly), 341 (wrongful restraint), 427 (mischief), 379-A (snatching), 307 (attempt to murder), 323 (voluntarily causing hurt), 153A (promoting enmity between different groups on grounds of religion, etc.) and 506 (criminal intimidation) IPC.

Her counsel requested the Court to stay the challan allegedly issued without considering the CDRS locations, CCTV footage and Toll records relied upon to support his plea of alibi.

Justice Bhardwaj orally remarked, "proving plea of alibi is as difficult as proving the commission of offence...the CDRS, call recording etc. will take time to get verified."

The bench added it is sure that the evidence sought to be adduced by any of the suspects would be taken into consideration and verified by the Police before a final report is filed.

Consequently, it directed the petitioner to "submit the requisite details with the authorities concerned and a proper verification may thereafter be conducted by the Investigating Agency."

The plea was accordingly disposed of.

Appearance: Sanwar Ali advocate for petitioner

Citation: 2023 LiveLaw (PH) 183