Rajwinder Kaur v. State Of Punjab
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1 "It is recorded that an application No. 321441PGD dated 20.03.2024 by Harbhajan Singh s/o Late Tarlochan Singh r/o House No. 1115/9 Gali Nathe Kha Katra Khajana Amritsar through Post received at Police Station which is as follows:" At Service Deputy Commissioner Amritsar. Subject: Application against Harpal Singh s/o Santokh Singh R/o Sham Nagar Majitha Road Amritsar Mo.
No.9872613013 regarding misappropriate my property by making fake Power of Attorney in order to register FIR against him. Respected sir, it is requested that: I Harbhajan Singh s/o Tarlochan Singh r/o 1115/9, Nathi Kha Katra Khajana, Ammitsar and declares the following affidavit that: 1) That I am a permanent resident of the above said address. 2) That our one area is situated in Village Miran Kot Khurd Tehsil District Amritsar bearing Khasra No: 5465 Voucher No: 2021/197/1/2522 Voucher No: 10/2/2022 Transfer Date: 15/6/2022 Harjinder Kaur Widow and Harbhajan Singh Son and Manjit Kaur Daughter of Tarlochan Singh son of Harsha Singh total area 785 sq through RecordofRights (Jamabandi) 20192020 holds the ownership, which copy of Jamabandi and sale deed is attached.
3) That I and my sister and mother have equal shares in the said property. 4) That a PowerofAttorney has been made by fake Harjinder Kaur w/o Tarlochan Singh s/o Harsha Singh, fake Manjit Kaur s/o Late Tarlochan Singh, fake Harbhajan Singh s/o Tarlochan Singh R/o Mata Kola Ji Marg Tarn Tarn Road Amritsar in favour of Harpal Singh Sindhu Son of Santokh Singh Resident, Sham Nagar Majitha Road Amritsar of Dated: 10/3/2021. While I have never given any power of attorney in court. 5) That the said accused, accused Harpal Singh Sindhu has forged a powerofattorney in the name of his wife fake Harjinder Kaur, Manjeet Kaur. Harbhajan Singh stood up 6) That the said land was inherited from my father, since my mother Harjinder Kaur passed away on 07/06/2021. Whose death certificate and Aadhaar card copy is attached.
Please Action should be taken against the culprits and my life and property should be protected. I will be very thankful to you. Date:19/3/2024."
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31 >It may be true, as pointed out by learned counsel appearing for Respondent No.1, that chargesheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation.
Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail
may be granted. There appears to be a serious misconception of law that if no case for custodial interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail. The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused.
Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail."
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1 "We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favourable order under Section 438 of the code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also material which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a prearrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to thirddegree methods needs not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible
9 police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
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Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No