Baljit Singh v. State Of Punjab And Others

In The High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:- 02.04.2024 Baljit Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Ranjan Lakhanpal, Advocate, for the petitioner. Mr. Gauravdeep Singh Dhaliwal, AAG, Punjab.

***** GURVINDER SINGH GILL , J . (Oral) 1.

Petitioner/complainant-Baljit Singh has approached this Court seeking issuance of directions that the matter arising out of FIR No.169, dated 08.11.2019, Police Commissionarate, Jalandhar, under Sections 307, 323, 506, 427, 160, 148, 149 IPC, be re-investigated by an independent authority.

2.

Learned counsel submits that the FIR was lodged way back in the year 2019 at the instance of the complainant, but the police had been helping the accused right from day one and had not taken any necessary steps which constrained the petitioner to approach this Court by way of filing CRM-M-859-2020, wherein the following directions were issued on 10.1.2020 (Annexure P-2):

- 2 - "The petitioner has approached this Court seeking issuance of directions to respondent-State to take appropriate action pertaining to FIR No.169, dated 8.11.2019, registered at Police Station Division No.5, Police Commissionerate Jalandhar, under Sections 307, 323, 506, 427, 160, 148, 149 IPC.

Having heard the learned counsel for the petitioner and while refraining from making any expression as regards the allegations leveled in the petition, the petition is disposed of with a direction to Police Commissioner, Jalandhar (respondent No.3) to ensure that the matter pertaining to the aforesaid FIR is got investigated expeditiously in accordance with law so that a final report is submitted thereafter at the earliest.

A copy of this order be sent to Police Commissioner, Jalandhar (respondent No.3), so as to enable him to do the needful expeditiously."

3.

Learned counsel submits that ever since the issuance of directions by this Court, he was never informed anything about the fate of the case and that now suddenly on 7.10.2023 he received a copy of summon asking him to appear in the Court of learned Judicial Magistrate 1st Class, Jalandhar on 7.10.2023.

4.

Learned State counsel submitted that it was a case of cross-versions wherein upon conclusion of investigation a challan has already been filed against the accused in the FIR lodged by the petitioner. 5.

A perusal of the summons as well as orders dated 10.1.2020 and 18.11.2023 (Annexures P-2 to P-4) would show that the State is also proceeding against the petitioner in a cross-case. Nothing has been

- 3 - shown to this Court as to how the investigation is defective so as to warrant issuance of any directions as prayed for. 6.

Finding no merit in the instant petition, the same is hereby dismissed. 02.04.2024 ( GURVINDER SINGH GILL) mohan JUDGE Whether speaking /reasoned Yes / No Whether Reportable Yes / No