Court On Its Own Motion v. State Of Punjab & ORS
CWP No.21975 of 2018 (O & M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CWP No.21975 of 2018 (O & M) Date of decision : 20.3.2025 Court on its own motion ....Petitioner
Versus
State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON'BLE MR. JUSTICE SUMEET GOEL Present: Mr. A.P. Setia, Advocate, for Mr. Sanjay Kaushal, Senior Advocate, amicus curiae Mr. Saurav Khurana, Addl. AG, Punjab Mr. Naveen S. Bhardwaj, Addl. AG, Haryana Mr. Satya Pal Jain, Additional Solicitor General of India with Mr. Arun Gosain, Senior Government Counsel for UOI Mr. J.S. Chandel, Advocate, for the respondent-UT, Chd. Mr. J.S. Thind, Advocate, for the applicant --- SHEEL NAGU, CJ. (ORAL) 1.
This Court took suo motu cognizance of this case by noticing the public cause from a news paper report published in 'The Tribune', Jalandhar dated 5.8.2018, that irregularities are being committed in blood bank run by Gulab Devi Memorial Hospital Trust, Jalandhar. Accordingly, notices were issued and replies on affidavits were sought from all concerned including the Assistant Commissioner of Police, Sub
CWP No.21975 of 2018 (O & M) -2Division (Central), Jalandhar but his reply dated 15.1.2025 has revealed thus:
4.
That in compliance with directions issued by this Hon'ble Court vide order dated 27.4.2023 for apprising this Hon'ble Court about the Criminal action taken against respondent no.3, answering respondent has examined the complete record of the present case, it transpired that respondent no. 3 Gulab Devi Hospital Trustees were not aware of the misdeeds committed by the above-said accused as the Gulab Devi Hospital Trust/Trustees never interfered in the functioning of the blood bank hence Gulab Devi Hospital Trust was not found responsible for the misdeeds committed by the above-said accused in the present FIR hence no action was taken against respondent no.3. Even, the trustees of Gulab Devi Hospital Trust has not taken any salary or perks from the said Trust. Now most of the trustees had died.
5.
That present FIR No.
dated 04.08.2018 U/s 420/465/468/471/120-B IPC was registered at PS Div No. 2, Jalandhar against Dr Inderjit Singh Aggarwal, Dr Harjit Singh, Bhupinder Singh, Ved Parkaslı, Dinesh Kumar and Bablu for committing anomalies in the functioning of the Gulab Devi Hospital Blood Bank. After the completion of the investigation charge sheet has already been filed against the abovenoted accused persons with the Ld. Trial Court. The answering respondent undertakes to abide by any future directions issued by this Hon'ble Court. 2.
It appears from the above that the Investigating Agency registered an FIR No.133 dated 4.8.2018 alleging offences of cheating, forgery and criminal conspiracy under the Indian Penal Code against accused-Dr. Inderjit Singh Aggarwal, Dr. Harjit Singh, Bhupinder Singh, Ved Parkash, Dinesh Kumar and Bablu. However, the reply also reveals that since no evidence was found against the members of the Gulab Devi Memorial Hospital Trust, Jalandhar or its trustees, they were not made accused.
3.
Learned counsel for the State of Punjab further informs that
CWP No.21975 of 2018 (O & M) -3pursuant to the investigation carried out, charge-sheet has been filed and the trial is in progress before the Courts at Jalandhar. 4.
Even if the complainant has grievance as regards non-arraigned of anyone of the trustees of Gulab Devi Memorial Hospital Trust, then he is not without remedy as under Section 319 of Cr.P.C., application can always be moved by the complainant during the pendency of the trial in case any evidence comes to light during recording of statement of any of the prosecution witnesses against anyone not arrayed as an accused. 5.
Thus the complainant is not remediless in that respect. 6.
In view of above, the grievance raised herein is satisfied. The instant petition for the time being stands disposed of. 7.
Pending miscellaneous applications, including CM No.1679 of 2019, stand disposed of accordingly.
(SHEEL NAGU) CHIEF JUSTICE (SUMEET GOEL) 20.3.2025 JUDGE Ashwani Whether speaking/reasoned:
Yes/No Whether reportable:
Yes/No