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Punjab High Court · body

2000 DIGILAW 937 (PNJ)

Subhash Chander v. State Of Punjab

2000-08-17

K.C.GUPTA

body2000
Judgment K.C.Gupta, J. 1. Crl. Misc. Petition No. 20429-M of 2000 was filed by Subhash Chander under Section 482 Cr.P.C. for handing over the investigation in case F.I.R. No. 49 dated 6.7.1999 under Sections 365/342/452/504/323/148/149 I.P.C., of Police Station Fazilka to the Central Bureau of Investigation or some independent agency in view of the peculiar facts and circumstances of the case. Another Crl. Misc. Application No. 23528 of 2000 in Cr1. Misc. No. 36398 M of 1999 was filed by the State of Punjab for extension of time for completion of investigation in the above mentioned F.I.R. The State of Punjab filed still another Crl. Misc. Application No. 26226 in Cr1. Misc. No. 19417 of 2000 for modification/clarification of the order dated 14.6.2000 passed by this Court. 2. By this order, I propose to dispose of the abovesaid main petition as well as both the miscellaneous applications. 3. Briefly stated, the facts, as disclosed by Subhash Chander, petitioner, in Cr1. Misc. No. 20429-M of 2000 are that when he was sleeping in his house at Fazilka in the early morning of 5.4.1998, Sh. Raj Singh, the then SHO of Police Station City Jalalabad, District Ferozepur, Sh. Lal Chand, the then ASI of Police Station City Jalalabad along with 5-6 police officials trespassed into his house and gave him severe beating. Thereafter, they forcibly took him out where 10-12 more police officials were present and put him in a Canter in the presence of his mother, Bimal Rani, Joginder Singh Son of Amar Singh, Gurbaksh Singh son of Fuman Singh and Ashwani Kumar son of Hans Raj and carried him to Jalalabad City. However, his mother, along with other witnesses, approached S.H.O., Police Station City Fazilka, D.S.P., Fazilka and D.S.P., Jalalabad and informed them about the said incident. On their intervention, Subhash Chander was let off at about 3/4 P.M. from Police Station City Jalalabad. Kewal Krishan, brother of Subhash Chander, petitioner, informed S.S.P., Ferozepurand other police officials about this incident on 6.4.1998 and the enquiry about the said incident was conducted by S.P. (D), Ferozepur. He, after conducting preliminary enquiry on 31.8.1998, found the above happening to be correct and sent his report to D.I.G., Ferozepur. However, the police did not record First Information Report about this incident and accordingly the petitioner filed Crl. Misc. No. 16075-M of 1999, Annexure P-2, in the High Court. Honble Mr. He, after conducting preliminary enquiry on 31.8.1998, found the above happening to be correct and sent his report to D.I.G., Ferozepur. However, the police did not record First Information Report about this incident and accordingly the petitioner filed Crl. Misc. No. 16075-M of 1999, Annexure P-2, in the High Court. Honble Mr. Justice T.H.B. Chalapathi (as his Lordship then was) passed the following order on July 12, 1999 : "This application is filed to direct respondent No.2 to register a case against the accused persons. The learned Public Prosecutor has now stated that a case FIR No. 49 dated 6.7.1999 has been registered against the accused persons. In view of the statement of the learned Public Prosecutor, no further direction as to the registration of the case need be given. However, I direct the Superintendent of Police, Ferozepur to entrust the investigation of the case to a senior police officer not below the rank of Deputy Superintendent of Police and also see that the investigation is completed as expeditiously as possible preferably within three months and take such steps in accordance with law depending on the result of the investigation. The Civil Misc. is accordingly disposed of." 4. It appears that without recording the evidence of the petitioner and his witnesses, the cancellation report was sought to be sent. Accordingly, the petitioner filed Crl. Misc. No. 36938-M of 1999, Annexure P-3. In the said petition, the following order was passed on February 21, 2000 by Honble Mr. Justice T.H.B. Chalapathi, (as his Lordship then was) :- "The grievance of the petitioner is that without recording his statement and statements of other witnesses under Section 161 Cr.P.C. cancellation report has been prepared. In these circumstances, I dispose of this petition with a direction to the petitioner to appear before the, Superintendent of Police (Detective) Ferozepur along with the witnesses on 9.3.2000, on which date the Superintendent of Police (D) shall record the statements of petitioner and his witnesses produced before him and on the basis of the statements, take appropriate steps whether filing the cancellation report already submitted before him for verification or take such action as is required under law within a fortnight and he shall make himself available on 9.3.2000 along with his witnesses for recording the statements of the petitioner and his witnesses. Crl. Misc. is accordingly disposed of." 5. Thereafter, an application bearing Cr1. Misc. Crl. Misc. is accordingly disposed of." 5. Thereafter, an application bearing Cr1. Misc. No. 14095 of 2000 was moved by State for extension of time vide order dated 17.5.2000, Honble Mr. Justice Amar Bir Singh Gill allowed two months further time from that day to enable the State to file the report under Section 173 of Code of Criminal Procedure before the Court. 6. In the meanwhile, Lal Chand, one of the accused, filed Crl. Misc. No. 10100-M of 2000 for giving direction to S.S.P., Ferozepur, to complete the investigation on the F.I R. No. 49 dated 6.7.1999 within some time frame. Honble Mr. Justice M.L. Singhal passed the following order on 20.4.2000 : "Disposed of with the direction to SSP, Ferozepur, to complete the investigation within one year from the date of receipt of copy of this order." 7. Thereafter, Lal Chand, again moved another Crl. Misc. No. 19417-M of 2000, Annexure P-6, for direction to the Senior Superintendent of Police, Ferozepur, to conduct the investigation in compliance with the order dated 20.4.2000. The said petition was disposed of by the undersigned vide order dated 14.6.2000 without issuing notice to the State, in which direction was given to the Senior Superintendent of Police, Ferozepur, to conduct the investigation as per the order dated 20.4.2000 and further Sh. Jaspal Singh Dhanua, Superintendent of Police (D), Ferozepur, was restrained from conducting the investigation, as ordered earlier and was also directed to complete the investigation within one year from the date of receipt of the copy of the earlier order. The order dated 20.4.2000 was also passed by Honble Mr. Justice M.L. Singhal without notice to the State. In the abovesaid miscellaneous petitions, the order dated 17.5.2000 or the earlier order dated 21.2.2000 were not brought to the notice of the Court. 8. The case of Lal Singh, Raj Singh, Sub Inspector etc. (accused) is that Kewal Krishan, who is brother of Subhash Chander, petitioner, is employee of Punjab Ware House Department and he was caught red handed while coming along with a truck of wheat bags stolen from the Ware House Department and consequently, FIR No. 28 of 1998, Police Station City Jalalabad, was registered against him; that Kewal Krishan tried to influence the then S.H.O. Raj Singh by all possible means but he remained adamant. After arrest, Kewal Krishan was released on bail and he again tried to influence S.H.O. through Sh. Jaspal Singh Dhanua, S.P. (D), who was helping him but the S.H.O. refused to oblige and as such he became inimical and as a counter blast, he got a false case registered from his brother, Subhash Chander. It is an admitted fact that Sh. Jaspal Singh Dhanua, Superintendent of Police (D) has been transferred and a new S.P. (D) has taken over. The case of the accused Raj Singh etc. is that previous S.P. (D) was favourably inclined towards Subhash Chander petitioner, and on the other hand the case of Subhash Chander, petitioner is that the S.S.P. Ferozepur, is favourably inclined towards Raj Singh etc., accused. 9. The State of Punjab had filed Crl. Misc. Petition No. 14095 of 2000, Annexure P-5, in this Court for getting extension of time to file the report under Section 173 of Code of Criminal Procedure as the sanction to prosecute the accused was to be obtained which would take some time. Accordingly, by order dated 17.5.2000. Honble Mr. Justice Amarbir Singh Gill allowed two months further time from that day to enable the State to file the report under Section 173 of Code of Criminal Procedure before the Court. This shows that the investigation of the case was almost complete on 17.5.2000 except that sanction to prosecute the accused Raj Singh etc. was to be obtained. Honble Mr. Justice M.L. Singhal, vide order dated 20.4.2000, had given direction to the S.S.P., Ferozepur, to complete the investigation within one year. It appears that this limit of one year was fixed to be the outer limit and it was passed in ignorance of order dated 17.5.2000. The harmonious interpretation of the aforesaid orders is that the investigation is to be completed as soon as possible and the one year limit was the outer limit and further it was not necessary that the investigation should be conducted by the S.S.P., Ferozepur, himself but it could be got conducted even from Superintendent of Police (D), Ferozepur, who had earlier recorded the statements of the petitioner and other witnesses. The State has also filed Crl. Misc. Application No. 23528 of 2000 dated 19.7.2000 for extension of time. The State has also filed Crl. Misc. Application No. 23528 of 2000 dated 19.7.2000 for extension of time. Therefore, I review the order dated 14.6.2000 and direct the S.S.P., Ferozepur, to get the investigation completed through the present S.P. (D), Ferozepur, and to file a challan within two months positively after obtaining necessary sanction, if required. 10. Accordingly, the main petition as also both the miscellaneous applications are disposed of. 11. Copy of the order attested by the Special Secretary of this Court be given to the Public Prosecutor free of cost. Orders accordingly.