High Court of Punjab and HaryanaCRM-M/6152/2023disposed of

Manjinder Singh v. State Of Punjab

2023-11-17Mr. Justice Deepak Gupta9 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH **** 1.

**** MANJINDER SINGH . . . . Petitioner Vs.

STATE OF PUNJAB . . . . Respondent **** 2.

**** MANJINDER SINGH . . . . Petitioner Vs.

STATE OF PUNJAB AND ANOTHER . . . . Respondents ****

Reserved on:09.11.2023

Pronounced on:.11.2023 **** CORAM: HON'BLE MR JUSTICE DEEPAK GUPTA **** Present: - Mr. Pranav Handa, Advocate, for the petitioner. Mr. M.S. Nagra, AAG, Punjab.

**** DEEPAK GUPTA, J.

This order shall dispose of two petitions as referred above as both of them have arisen out of the proceedings of same FIR. .

In CRM-M-4532-2023, petitioner has prayed for quashing of the order dated 15.12.2022 (Annexure P1) passed by ld. Additional Sessions Judge, Jalandhar, whereby he has been summoned under Section 319 CrPC to face trial as an additional accused in Sessions case No.SC/49/2019 arising out of FIR No.32 dated 06.10.2018, registered at

Police Station Patara, District Jalandhar Rural, under Sections 302/201/34 IPC.

In CRM-M-6152-2023, petitioner has prayed for grant of anticipatory bail, after being summoned under Section 319 CrPC to face trial, in the aforesaid case.

FIR was lodged on the statement of Kuldeep Chhabra (respondent No.2 in CRM-M-4532-2023), as per which he and his paternal uncle Ramchand Chhabra (deceased) had lent money to some people. On 04.10.2018, his uncle told him that he was going to collect money from people and left home at about O'clock on his Activa No.PB-08-DH-3465. He did not return home till evening. Mobile No.75080-35760 of his uncle Ramchand Chhabra was coming switched off. Complainant along with his nephew Sanjay Kumar went to the Police Station and lodged the missing report.

It was further stated by the complainant that his uncle told him on number of occasions that he had lent some money to Ranjit Kaur w/o late Gurjeet Singh r/o village Johla, who was putting off the matter on one pretext or the other, whenever money was demanded from her and she had even given death threats. In search of his uncle, complainant and his nephew reached Gurudwara Sahib of Village Johla, where they noticed Activa of his uncle standing in the street and on enquiry, came to know that house of Ranjit Kaur was nearby the place, where they had found activa. Main gate of the house was locked from outside. Upon further enquiry, it transpired that Activa was standing there since 04.10.2018 evening.

threaten that she will kill him with the help of his friend Manjinder Singh (petitioner in both the petitions), posted in police and therefore, he was sure that his uncle Ramchand Chhabra had been killed by Ranjit Kaur with the help of her lover Manjinder Singh.

After registration of the FIR, investigation was carried out. Ranjit Kaur was arrested on 06.10.2018. During the course of investigation, she suffered disclosure statement that on 04.10.2018, Ramchand Chhabra (deceased) had come to her house, with whom she had illicit relations. Her son Harjap Singh caught them doing wrong act. Harjap Singh attacked Ramchand Chhabra with an iron angle on the back of his head, due to which he suffered injuries and died on the spot. Ranjit Kaur told further that she along with Harjap Singh got scared and took the body of Ramchand Chhabra to second floor, where they broke a wooden stool and covered the dead body with some cloths and burnt the dead body on an iron cot. Partially burnt dead body was hidden on the roof under stones.

Ranjit Kaur disclosed further that murder of Ramchand Chhabra had been committed by her in connivance with her son Harjap Singh and no other individual was involved in the commission of the said crime and that name of Manjinder Singh had been wrongly implicated in the FIR because he was neither present at the time of commission of murder nor came to her house before or after the incident.

In view of the above said disclosure statement of Ranjit Kaur, her son Harjap Singh was arrayed as accused and arrested on 07.10.2018. He also suffered disclosure statement on the similar lines as that of Ranjit Kaur. Dead body of Ramchand Chhabra was recovered at their instance and

postmortem was got conducted. After thorough investigation, Manjinder Singh (petitioner in both the petitions) was found innocent. After concluding investigation, final report was submitted in the Court. 7.

During trial against accused Ranjit Kaur and Harjap Singh, complainant Kuldeep Chhabra appeared in the witness box as PW1 and reiterated the FIR version to the effect that his uncle used to tell him that as and when he asked for return of money from Ranjit Kaur, she used to threaten that she will kill him with the help of her friend Manjinder Singh, who is in police and that he was sure that his uncle had been killed by both of them.

After the testimony of PW1 Kuldeep Chhabra, an application under Section 319 CrPC was moved by the complainant so as to summon Manjinder Singh, which was allowed by the Court of ld. ASJ, Jalandhar vide impugned order dated 15.12.2022 (Annexure P1 in CRM-M-4532-2023).

(i) Challenging the aforesaid order dated 15.12.2022 (Annexure P1 in CRM-M-4532-2023), it is contended by ld. counsel that petitioner has been falsely implicated on the basis of only a vague allegation that murder of Ramchand Chhabra was committed by Ranjit Kaur with his (petitioner's) help. It is contended that after thorough investigation, petitioner was found to be innocent, as it was found that at the time and date of occurrence, he was present at Golden Temple, Amritsar. Besides, the statements made by co-accused Ranjit Kaur and Harjap Singh supported the innocence of the petitioner.

(ii) ld. counsel further contends that impugned order has been passed by ld. trial Court, ignoring the legal position that there must be more than prima facie case to summon a person to face trial as an additional accused. However, in this case, except for the vague statement of the complainant to the effect that petitioner had helped Ranjit Kaur, there is no other evidence.

With these submissions prayer is made for setting aside the impugned order dated 15.12.2022.

10.

Ld. State counsel, on the basis of status report filed by way of affidavit of Vijay Kanwar Paul, PPS, Deputy Superintendent of Police, Sub Division Adampur, District Jalandhar (Rural), concedes the fact that as per the investigation, petitioner was found innocent. Ld. State counsel submits that Court may pass the order, in accordance with law. 11.

Respondent No.2-complainant (in CRM-M-4532-2023) was also served with notice. Despite his service through his mother for 24.02.2023, there is no representation on his behalf till date. 12.

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2/23 complainant Kuldeep Chhabra, who in his version itself had leveled specific allegation against the petitioner to the effect that he was also involved with co-accused in committing the murder of Ramchand Chhabra and that this fact was also disclosed by him during his testimony. Ld. trial Court appears to have been swayed by the fact that petitioner was serving in police, as if serving in the police is a crime; and thereafter observed that petitioner had been declared innocent despite being named in the FIR only on the basis of disclosure statement of the accused.

Holding that there was more than prima facie evidence against the petitioner, he was directed to be summoned by the trial court. 18.

I am afraid that the reasoning given by the trial Court is not sustainable at all. Complainant Kuldeep Chhabra is not the eyewitness of the incident. As the FIR version clearly reveals that deceased Ramchand Chhabra had left home on 04.10.2018. It is only later on that when complainant along with his nephew went to the village of co-accused Ranjit Kaur, he found the Activa of deceased parked nearby the house of Ranjit Kaur. As per the FIR version, Ramchand Chhabra had told that Ranjit Kaur had extended threats to him to kill him with the help of her friend Manjinder Singh posted in police. Except for this version to the effect that Ranjit Kaur used to threat to the deceased that she will kill him with the help of her friend, there is absolutely no other evidence against the petitioner.

The investigation, carried out by the investigating agency, found that as the deceased was in illicit relationship with Ranjit Kaur and they were found in compromising position by son of co-accused Ranjit Kaur, therefore, it is said son Harjap Singh, who hit iron angle on the head of Ramchand Chhabra resulting in his death. The mother and son duo also tried to burn the dead body on an iron cot. Partially burnt dead body was found on the demarcation of the co-accused. There is neither any allegation nor any evidence collected during investigation to the effect that petitioner was at or nearby the place of occurrence or helped the co-accused Ranjit Kaur and Harjap Singh in murdering Ramchand Chhabra in any manner, whatsoever.

satisfied in the present case so as to summon the petitioner as an additional accused to face trial.

19.

Consequent to the entire discussion as above, the impugned order dated 15.12.2022 (Annexure P1 in CRM-M-4532-2023) cannot be sustained and as such, said order is hereby set aside. Accordingly, CRM-M-4532-2023 is allowed.

20.

Since order dated 15.12.2022 (Annexure P1 in CRM-M-45322023), whereby the petitioner was summoned as an additional accused under Section 319 CrPC to face trial in case FIR No.32 dated 06.10.2018, registered at Police Station Patara, District Jalandhar Rural, under Sections 302/201/34 IPC, has been allowed, therefore, the second petition CRM-M6152-2023, seeking anticipatory bail by the petitioner, has been rendered infructuous.

Accordingly, CRM-M-6152-2023 stands disposed of. .11.2023 (DEEPAK GUPTA) JUDGE

1. Whether speaking/reasoned?

Yes

2. Whether reportable?