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2002 DIGILAW 845 (PNJ)

Jagnandan Singh v. State Of Punjab

2002-08-27

ASHUTOSH MOHUNTA

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Judgment Ashutosh Mohunta, J. 1. Through this petition under Section 482, Code of Criminal Procedure, the petitioner has prayed for issuance of a direction to respondent Nos. 1 to 3 for registration of a case against respondent Nos. 4 to 9 on the basis of D.D.R. No. 19 dated June 12, 2002 recorded by A.S.I. Harbans Singh, Incharge, Police Post Ladduwala, Tehsil Jalalabad, District Ferozepur, as per the statement made by the petitioner before him, and also for handing over the investigation of case F.I.R. No. 129 dated June 12, 2002, registered at Police Station Sadar, Jalalabad, against the petitioner as well as of the aforesaid D.D.R., to an independent agency like the C.B.I. 2. The petitioner is stated to be the brother of Shri Zora Singh Mann, M.P. from Ferozepur, and is an agriculturist of village Chak Sohelewala, Tehsil Jalalabad. According to him, on June 11, 2002 at about 11 A.M. he along with one Darshan Singh of the same village were going on a scooter to Police Post Ladduwala, when both of them were attacked by respondent Nos. 4 to 9 in the area of the said village. Darshan Singh was stated to be seriously injured. Both Darshan Singh and the petitioner were admitted to Adesh Hospital, Muktsar, on that very day. The statement of the petitioner was recorded by Shri Harbans Singh, A.S.I., Incharge Police Post, Ladduwala, on June 12, 2002, on the basis of which D.D.R. No. 19 of the same date was registered. His companion Darshan Singh was declared unfit to make the statement on 11th and 12th June, 2002. On June 13, 2002 he was allegedly picked up from Adesh Hospital by the Police. Both Darshan Singh and the petitioner are stated to have been falsely implicated in case F.I.R. No. 129 dated June 12, 2002 registered at Police Station Sadar Jalalabad, on the basis of the statement made by Shaminder Singh, respondent No. 4. According to the petitioner, instead of registering a case against respondent Nos. 4 to 9, who were the assailants and had caused injuries to him as well as his comparison Darshan Singh, both of them have been falsely implicated in the aforesaid F.I.R., which was registered on the basis of the statement made by respondent No. 4. On the other hand, no F.I.R. has been registered against respondent Nos. 4 to 9, who were the assailants and had caused injuries to him as well as his comparison Darshan Singh, both of them have been falsely implicated in the aforesaid F.I.R., which was registered on the basis of the statement made by respondent No. 4. On the other hand, no F.I.R. has been registered against respondent Nos. 4 to 9 on the basis of D.D.R. No. 19 dated June 12, 2002, which was recorded on the basis of the statement made by the petitioner. It has further been alleged that the injury on the person of the Gurdev Singh, respondent No. 5 was not declared grievous in the medico-legal report. However, subsequently, another medico-legal report was procured and Section 326, Indian Penal Code, was added and Shri Zora Singh Mann, M.P., brother of the petitioner, had allegedly been falsely implicated in the case. 3. It has been alleged by the petitioner that the investigation carried out by the Police of Post Station Sadar, Jalalabad, is not fair and the case is being investigated on political considerations. The petitioner had allegedly approached the S.S.P., Ferozepur, and other police authorities, but no fruitful action has been taken. In this view of the matter, it has been prayed that a case be got registered against respondent Nos. 4 to 9 on the basis of the aforesaid D.D.R., and both the aforesaid F.I.R. and the D.D.R. be got investigated from the C.B.I. 4. I have heard the learned counsel appearing on behalf of the petitioner as well as the State. 5. In this petition, there are allegations that investigation of the case is not being carried out in a fair and impartial manner by the police of Police Station Sadar, Jalalabad. The petitioner had also allegedly approached the S.S.P., Ferozepur, but no concrete action has been taken. Further, there are allegations that Darshan Singh, who had suffered serious injuries, had allegedly been picked up from Adesh Hospital, Muktsar, by the Police June 13, 2002, without recording the statement. The complainant party was allegedly the aggressor in this case and the accused party had suffered serious injuries at their hands. In spite of that, no case has been registered against them, though D.D.R. No. 19 dated June 12, 2002 was recorded at Police Station Sadar, Jalalabad, on the basis of the statement made by the petitioner. The complainant party was allegedly the aggressor in this case and the accused party had suffered serious injuries at their hands. In spite of that, no case has been registered against them, though D.D.R. No. 19 dated June 12, 2002 was recorded at Police Station Sadar, Jalalabad, on the basis of the statement made by the petitioner. In this view of the matter, the petitioner is suspicious that vindictive attitude has been adopted by the police authorities on political considerations. 6. Consequently, I direct the Inspector General of Police (Crimes), Punjab, to look into D.D.R. No. 19 dated June 12, 2002 recorded at Police Station Sadar, Jalalabad (Annexure P1) and see whether any cross case (F.I.R.) needs to be registered against respondent Nos. 4 to 9. He is directed to investigate the case registered on the basis of the aforesaid D.D.R., along with case F.I.R. No. 129 dated June 12, 2002 registered at Police Station Sadar, Jalalabad. The petition is, accordingly, disposed of. Petition disposed of.