Tarsem Lal And Another v. State Of Punjab And ORS
-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.01.2023 Tarsem Lal and another ......Petitioners versus State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE NAMIT KUMAR
Present:
Mr. Kashmir Singh, Advocate, for the petitioners.
Mr. Adhiraj Singh, AAG, Punjab.
NAMIT KUMAR, J. (ORAL) This petition has been filed by the petitioners under Section 482 Cr.P.C. for issuance of direction to official respondents No.2 to 4 for conducting proper and fair investigation in FIR No.0110 dated 02.11.2021 under Sections 457/380/427/148/149 IPC registered at Police Station Joga, District Mansa by some independent agency and present the final report under Section 173 Cr.P.C. in a time-bound manner. Further prayer has been made for protection of life and liberty of the petitioners at the hands of respondents No.5 to 12 and to quash DDR No.58 dated 02.11.2021 under Sections 365, 341, 342, 323, 148, 149 IPC registered at Police Station Joga, District Mansa.
In compliance of order dated 10.10.2022, learned State counsel has filed additional status report by way of affidavit of Sanjeev Goyal,
-2Deputy Superintendent of Police, Sub-Division Mansa, District Mansa, on behalf of respondents No.1 to 4-State, wherein in para 2 and 3 it has been stated as under: - "2. That in compliance of the order dated 10.10.2022, passed by this Hon'ble Court, it is submitted that during the further investigation of the present case FIR, after the arrest of accused Jagtar Singh @ Jagga, on 31.10.2022, accused persons of cross-case FIR I.e. (1) Petitioner Tarsem Lal. (2) Sanjeev Kumar son of Petitioner Tarsem Lal, (3) Mamta Rani wife of Petitioner Tarsem Lal, (4) Bimla Devi mother of Petitioner Tarsem Lal, (5) Lakhvir Ram @ Laddi Sharma and (6) Jasvir Kumar @ Mintu Sharma, were found innocent, as such, vide DDR No.53, dated 31.10.2022, cross-case DDR No.58, dated 02.11.2021, was deleted.
3. That on 24.11.2022, accused persons namely Respondent No.5 Amritpal, Respondent No.9 Harmesh Lal @ Harmesh Kumar, Respondent No.7 Kuldeep Singh @ Kali, Respondent No.10 Tari @ Jagtar Singh, Respondent No.11 Mela Singh @ Gurmail Singh, had joined the investigation with the investigating officer, in compliance with the order(s) dated 10.11.2022, passed by this Hon'ble High Court in CRM-M45573-2022, CRM-M-46636-2022 and CRM-M-47764-2022. At the time of joining the investigation proceedings, the weapons & Bolero vehicle No. PB-31L-8667 used by the above named Respondents at the time of occurrence were presented by them before the investigating officer, apart from this DVR stolen by the above named persons from the house of the petitioner was also presented by them before the investigating officer, which was taken into police possession vide memo of presentation. After joining the above named respondents in the investigation proceedings, they were released on bail by the investigating officer, on furnishing of personal bonds by them.
-3Then on 16.12.2022, accused persons namely Pappu @ Baljinder Singh and Respondent No.6 Bhola @ Sukhpal Singh, had joined the investigation with the investigating officer, in compliance with the order dated 02.12.2022, passed by this Hon'ble High Court in CRM-M-55891- 2022. At the time of joining the investigation proceedings, the weapons used by them at the time of occurrence were presented by them before the investigating officer, which was taken into police possession vide memo of presentation. After joining the above named respondents in the investigation proceedings, they were released on bail by the investigating officer, on furnishing of personal bonds by them.
Then on 27.12.2022, Respondent No.12 Rajinder Singh @ Rajinder Kumar had joined the investigation with the investigating officer, in compliance with the order dated 22.12.2022, passed by this Hon'ble High Court in CRM-M60004-2022. After joining the above named respondent in the investigation proceedings, he was released on bail by the investigating officer, on furnishing of personal bonds by him." Since all the accused have been arrested and lateron they have been released on interim bail in view of the order(s) dated 10.11.2022 passed in CRM-M-45573 of 2022; CRM-M-46636 of 2022 and CRM-M47764 of 2022 and orders dated 02.12.2022 and 27.12.2022 passed in CRM-M-55891 of 2022 and CRM-M-60004 of 2022, respectively, and during further investigation, after the arrest of accused, namely, Jagtar Singh @ Jagga; Tarsem Lal (petitioner No.1); Sanjeev Kumar son of Tarsem Lal; Mamta Rani (petitioner No.2) wife of Petitioner Tarsem Lal; Bimla Devi; Lakhvir Ram @ Laddi Sharma and Jasvir Kumar @ Mintu Sharma they were found innocent and as such vide DDR No.53 dated
-431.10.2022, cross-case DDR No.58 dated 02.11.2021 was deleted. In view of the above, learned counsel for the petitioner submits that nothing further survives in the matter and the instant petition has become infructuous and the same be disposed of as such. Disposed of as having been rendered infructuous. (NAMIT KUMAR) 06.01.2023 JUDGE R.S.
Whether speaking/reasoned Yes/No Whether Reportable Yes/No