Dilbagh Singh And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4758-2022 Date of Decision: 25.07.2023 Dilbagh Singh and another ......... PeƟƟoners

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Kuljit Singh Bal, Advocate for the peƟƟoners. Mr. Karunesh Kaushal, AAG, Punjab.

Mr. Umesh Aggarwal, Advocate for respondents No. 5, 6 and 8 to 12. Respondent No. 7 in persons.

**** ANOOP CHITKARA, J. (ORAL) Apprehending threat at the hands of private respondents No. 5 to 12, the peƟƟoners, who are father and son, have come up before this Court. 2.

Counsel for the peƟƟoners submits that peƟƟoner No. 2 is an employee in Punjab Police and one FIR No. 150 dated 24.08.2014 under SecƟons 323, 341, 506, 452, 120-B IPC and 25/27/54 of Arms Act was registered at Police StaƟon Gate Hakima, Amritsar against the private respondents. Respondent No. 7, who was SHO is also an accused in that FIR.

3.

Counsel for the peƟƟoners further submits that respondent No. 7 along with co-accused were conƟnuously puƫng pressure upon the peƟƟoners to compromise in the said FIR. In another aƩack upon peƟƟoner No. 2, his hand was chopped off and FIR No. 171, dated 16.09.2019 under SecƟons 326, 324, 323, 148, 149 IPC was registered at Police StaƟon Gate Hakima, Amritsar. Now the peƟƟoners are apprehending serious threat to their life, even they are being prohibited to appear as witness. 4.

Counsel for respondents No. 5, 6 and 8 to 12 and respondent No. 7, who is present in person state that there is nothing to fear from them. Respondent No. 7 undertakes that he shall appear before the trial Court, in which he is an accused on each JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.

CRWP-4758-2022 -2- 2023:PHHC:094306 and every date without single default to enable the trial Court to conclude the trial as early as possible. He further undertakes not to influence any prosecuƟon witness, who are yet to be examined.

5.

Considering the seriousness of the threat and facts and circumstances of these both cases, protecƟon is provided to the peƟƟoners iniƟally for a period of three months, aŌer that, the concerned Commissioner of Police shall review the same and grant on day to day analysis.

6.

Since, there is serious threat to the life of peƟƟoners and security is being provided, this Court directs the trial Court wherein the trial of FIR No. 150 dated 24.08.2014 and FIR No. 171 dated 16.09.2019 are pending to conclude the same on top priority. It is clarified that if any of the accused will try to evade the trial, the same shall be dealt with in accordance with law and State is directed to ensure that all the official witnesses are present on the date on which they are summoned by the trial Court. Process be also expedited. Registry to convey this order to the concerned trial Court. 7.

Given above, the present peƟƟon is disposed of in the above terms. All pending miscellaneous applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 25.07.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.01 09:01 I attest to the accuracy and integrity of this order/judgment.