Jaswant Singh v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-5775-2021 (O&M) Date of Decision:-10.2.2021 Jaswant Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Judgepreet Singh Warring, Advocate for the petitioner. Mr. Ajay Pal Singh Gill, DAG, Punjab.

(proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) 1.

Learned counsel for the petitioner submits that the petitioner was duped of an amount of more than `6 lakhs by Manjit Singh, Gurlal Singh and Ravnit Kaur on the pretext of sending him abroad and that he had arranged for the said amount by selling his land. It has been submitted that after he reported the matter to the police a detailed inquiry was conducted by Deputy Superintendent of Police (Sub-Division), Jalalabad, District Fazilka, Punjab and it was on the basis of the said inquiry, wherein all the aforesaid three accused were found to have defrauded the petitioner, that FIR No.0026 dated 26.2.2020 at Police Station Arniwala, District Fazilka under Sections 420 and 120-B of Indian Penal Code came to be lodged. 2.

Learned counsel for the petitioner has submitted that despite a detailed inquiry having been conducted, a fresh inquiry was conducted by Superintendent of Police (Investigation), Fazilka, who has given a clean chit PANKAJ KAKKAR 2021.02.10 18:52 I attest to the accuracy and integrity of this document

( 2 ) CRM-M-5775-2021 (O&M) to two of the accused namely Manjit Singh and Ravnit Kaur without there being any justification for the same. Learned counsel for the petitioner has submitted that multiple inquires are not permissible as per the guidelines issued by the Director General of Police, Punjab and that it is only with the permission of the Director General of Police, Punjab that the same could have been ordered.

3.

I have heard learned counsel for the petitioner. 4.

This Court finds that after lodging of the FIR only one inquiry has been conducted. Since there is variance in the inquiry conducted before lodging of the FIR and in the inquiry conducted after lodging of the FIR, the petition is disposed of with a direction to respondent No.2-Senior Superintendent of Police, Fazilka, District Fazilka, Punjab to look into the matter before a final report is submitted and in case it is found that there is something lacking in the inquiry conducted after registration of the FIR, then necessary steps be taken as warranted under law.

5.

Needless to mention the petitioner shall also be associated with the proceedings and respondent No.2-Senior Superintendent of Police, Fazilka, District Fazilka, Punjab shall give audience to the petitioner before the final report is submitted.

6.

Since it has been informed that till date even accused Gurlal Singh has not been arrested, it is expected that the police shall do and take all necessary steps in accordance with law.

10.2.2021 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.02.10 18:52 I attest to the accuracy and integrity of this document