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High Court of Punjab and HaryanaCRM-M/13263/2024disposed of

Charanjit Singh Alias Dhillon v. State Of Punjab And Others

2024-07-30Ms. Justice Nidhi Gupta3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of Decision: 30.07.2024 Charanjit Singh @ Dhillon .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - Mr. D.S. Virk, Advocate for the petitioner.

Mr. Kunwarbir Singh, AAG, Punjab.

NIDHI GUPTA, J. (ORAL) Status report dated 29.07.2024, filed by way of affidavit of Sh. Babandeep Singh, Deputy Superintendent of Police, Sub-Division, Sultanpur Lodhi, District Kapurthala, on behalf of respondent No. 1-State is taken on record. A copy thereof, has been supplied to learned counsel for the petitioner.

Prayer in this petition filed under Section 482 Cr.P.C. is to get a fair and impartial investigation conducted by the CBI in case FIR No. 34 dated 09.02.2024 (Annexure P-8) registered under Sections 376 and 506 IPC at Police Station Sultanpur Lodhi, District Kapurthala, at the instance of complainant/respondent No. 5 herein. On 14.03.2024, when this case was listed for hearing, following order was passed by this Court:- "Prayer in the present petition by the petitioner is to get a fair and impartial investigation conducted by the CBI

-2in case FIR No.34 dated 09.2.2024 (Annexure P-8) under Sections 376 and 506 IPC, registered at Police Station Sultanpur Lodhi, District Kapurthala, at the instance of complainant/respondent No.5 herein.

Perusal of the FIR shows that very serious allegations have been made therein by respondent No.5 to the effect that the petitioner has been making forcible physical relations with the complainant/victim for the past over a span of three years due to which, the complainant got pregnant twice. It has been alleged that the petitioner gave her a pill in a soup as a result of which the child was aborted. It has further been alleged that the petitioner had also given Rs.10,000/- to the mother of the complainant to get the fetus aborted. It has also been alleged that 7/8 months old fetus was thrown into the pond of village Sarai Jattan and the said incident was got shared on the social media sites as well.

Learned counsel for the petitioner, on the other hand contends that the said FIR is motivated as the petitioner, who is a reporter with PTC channel, was beaten by the police authorities while covering a news incident on 23.11.2023, in respect of which incident he was about to lodge an FIR against the police officials. Subsequently, the petitioner was pressurized to compromise the matter by the police authorities. It is contended that it is only for this reason that the present FIR has been registered against the petitioner.

Learned counsel for the State is directed to file the status report. As learned counsel for the petitioner disputes the patrimony of the petitioner vis-a-vis the fetus, it is also directed that DNA test be conducted to determine the paternity of the petitioner with the fetus.

At request of learned counsel for the petitioner, the DNA test be conducted under the supervision of the PGI

-3Chandigarh. Ordered accordingly.

Adjourned to 13.5.2024."

Pursuant to the order dated 14.03.2024, sample of the petitioner was taken on 09.07.2024 and the same was get tested under the supervision of PGIMER, Chandigarh, in terms of aforesaid order. Today, learned counsel for the State through ASI Jatinder Singh, has produced in Court sealed report dated 29.07.2024 received from the Forensic Science Laboratory, SAS Nagar, Punjab and the same is opened in Court. A photocopy of the said report is retained on record and the original report has been returned back to learned counsel for the State.

As per the said report, 'the petitioner is excluded as Biological father of aborted fetus of xxxxxx/victim'. Learned counsel for the petitioner submits that in view of the above, no further direction is required to be passed in the matter and the matter may be disposed of Ordered accordingly.

Pending application(s), if any, also stand disposed of. 30.07.2024 ( NIDHI GUPTA ) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No