Baljinder Singh v. State Of Punjab And Others

2023:PHHC:097557 CRM-M-5812-2023 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM-M-5812-2023 (O&M) Date of decision: July 31, 2023 Baljinder Singh ....Petitioner versus State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. K.B. Raheja, Advocate for petitioner.

Mr. Dhruv Dayal, Additional AG Punjab.

***** ARUN MONGA, J. (ORAL) Present petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr. P.C.') for taking further action on the DDR No.41 dated 16.10.2021, registered at Police Station City Ferozepur. 2.

In compliance of order dated 08.05.2023 passed by a co-ordinate Bench of this Court, reply by way of affidavit dated 25.05.2023 of Senior Superintendent of Police, Ferozepur has been tendered in course of hearing, which is taken on record. 3.

Learned State counsel, under instructions from ASI Gehna Ram, states that pursuant to police complaint filed by the petitioner, a preliminary enquiry was conducted. In course thereof, through medical intervention, sample food contents from the stomach of the petitioner was taken out, since it was his allegation that he was forcibly given food mixed with poison by respondents No.4 and 5. An FSL report was sought qua the same. A report dated 18.04.2023 (Annexure R-1) has been received which reveals that "Drugs not found in exhibit I."

4.

In view of aforesaid, learned State counsel submits that suspicion of the petitioner has been found to be completely unsubstantiated and no case for registration of FIR is made out.

MAHAVIR SINGH 2023.08.01 10:21 I attest to the accuracy and authenticity of this order/ judgment

2023:PHHC:097557 CRM-M-5812-2023 (O&M) 5.

In the premise, no grounds for further interference by this court are made out. Petitioner is at liberty to seek his remedy to file a private complaint, in accordance with law, if so advised.

6.

Dismissed.

7.

Pending application(s), if any, shall also stand disposed of. (ARUN MONGA) JUDGE July 31, 2023 mahavir Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No MAHAVIR SINGH 2023.08.01 10:21 I attest to the accuracy and authenticity of this order/ judgment