High Court of Punjab and HaryanaCRM-M/34389/2015allowed

Gurprabhdayal Singh v. State Of Punjab

2015-11-18Mr. Justice S.P. Bangarh2 pages

CRM-M 34389/2015

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH Date of decision:18.11.2015 Gurprabhdayal Singh .............Petitioner v.

State of Punjab .............Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH Present:- Mr.Atul Lakhanpal,Sr.Advocate asissted by Mr.Jasmeet Singh,Advocate for the petitioner Mr.Kirat Singh Sidhu,Deputy Advocate General for State of Punjab Jaswant Singh,J.(Oral) Prayer on behalf of petitioner-Gurprabhdayal Singh is for deletion of his name from array of accused in FIR No.87 dated 16.7.2009 under Sections 307,148,149 IPC and 25/27 of the Arms Act,PS Sadar Tarn Taran, Distt.Tarn Taran as also the charge sheet dated 31.1.2012(P-4).

It is contended that petitioner is a Canadian national and was never in India between January 2008 till date and factually his brother Harprabhdayal Singh who was treated as accused in the said proceedings although by mistake he is shown as Gurprabhdayal Singh. Upon being directed to verify the facts, learned State counsel has filed a short affidavit dated 14.11.2015 of Suba Singh, DSP,Sub Division, Goindwal Sahib, Distt.Tarn Taran. In the said RAJINDER PRASHAD JOSHI 2015.11.18 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh.

CRM-M 34389/2015 affidavit the contended mistake has been admitted. Same, for ready reference, reads as under:- "That on receipt of present petition it is verified that Gurparbhdayal Singhpetitioner is a Canadian national and was never in India between January 2008 till date and not wanted in the present FIR as per the supplementary statement of complainant Harnek Singh and investigation."

In the light of aforesaid factual position, learned State counsel has no objection if the allegations in the FIR,if any, and all subsequent proceedings against the present petitioner-Gurprabhdayal Singh son of Sukhwinder Singh be ordered to be quashed. In view of the above,present petition is allowed and the allegations,if any, against the present petitioner in the aforesaid FIR and all subsequent proceedings are ordered to be quashed. SSP Tarn Taran is directed to fix the responsibility of the guilty official(s) who was/were responsible for this mistake and the resultant finding be recorded in their respective ACR(s). 18.11.2015.

(Jaswant Singh) joshi Judge RAJINDER PRASHAD JOSHI 2015.11.18 16:32 I attest to the accuracy and authenticity of this document High Court, Chandigarh.