Harcharan Singh v. State Of Punjab And ORS
CRM-M-23394-2024(O&M) - 1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-23394-2024(O&M) Decided on : 21.05.2025 HARCHARAN SINGH . . . Petitioner(s)
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STATE OF PUNJAB AND ORS . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Shivan Joshi, Advocate for Mr. Karanjit Singh, Advocate for the petitioner(s).
Ms. Aakanksha Gupta, AAG Punjab.
**** KIRTI SINGH , J. (Oral) Instant petition has been filed under Section 482 Cr.P.C. invoking the inherent jurisdiction of this Court to nominate the respondents No.4 to 7 as accused in FIR No.43 dated 21.09.2022 under Sections 406, 498-A, 465, 468, 471, 120-B and 420 of Indian Penal Code, 1860 (hereinafter referred as 'IPC'), registered at Police Station Women Cell, District Police Commissionerate, Amritsar and also add offence under Section 201 IPC in the aforesaid FIR, in view of the investigation report dated 30.12.2022 (Annexure P-2) submitted by Assistant Commissioner of Police. 2.
Learned State counsel, referring to the short reply dated 30.05.2024, submits that during investigation, it was revealed that respondents No.4 and 5 conspired with co-accused Baljinder Singh @ Rocky, Balbir Singh Jafal, Amarjit Kaur, and Baljit Singh to procure a fake degree from I.K. Gujral Punjab Technical University using forged documents, with the help of respondent No.6-Dr. Rajinder KAVITA NAIN 2025.05.22 16:50 I attest to the accuracy and integrity of this document order/judgment
CRM-M-23394-2024(O&M) - 2Singh Bawa (then Principal, Amritsar College of Engineering and Technology), and respondent No.7-Randeep Vaid (Clerk). The then Assistant Commissioner of Police, Crime Against Women and Children, Amritsar City, submitted a detailed report dated 30.12.2022 (Annexure P-2) recommending that respondents No.4 to 7 be nominated as co-accused and that Section 201 IPC be added to the FIR. The report was forwarded to respondent No.2-Commissioner of Police, Amritsar, for further action and legal opinion and thereafter to the District Attorney (Legal), Amritsar. Based on the District Attorney's recommendation, further investigation was assigned to the ADCP (HQ), Amritsar, who found no credible evidence to implicate respondents No.4 to 7 at this stage.
It was also noted that key accused Baljinder Singh @ Rocky is absconding and residing in Canada, and his custodial interrogation is necessary for further progress. It is also submitted that a final report under Section 173 Cr.P.C. has been filed against co-accused Balbir Singh Jafal, Amarjit Kaur, and Baljit Singh before the learned Judicial Magistrate First Class, Amritsar, on 24.08.2023. 3.
Learned counsel for petitioner does not controvert the factual aspect of the submissions made by learned State counsel. 4.
A perusal of the short reply dated 30.05.2024 filed by the learned State counsel shows that the proper investigation is being undertaken in the present FIR by the investigating agency and challan in the same stands presented. In view of the same, no further direction is required to be issued by this Court. 5.
Accordingly, the petition is disposed of.
Pending application(s), if any, also stands disposed of accordingly. (KIRTI SINGH) 21.05.2025 JUDGE Kavita Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No KAVITA NAIN 2025.05.22 16:50 I attest to the accuracy and integrity of this document order/judgment