Jashandeep Singh v. State Of Punjab And Others

CRM-M-38129-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-38129-2024 Date of Decision: August 07, 2024 Jashandeep Singh ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.Mohammad Arshad, Advocate for the petitioner.

........

RAJESH BHARDWAJ, J.(ORAL) 1.

Present petition has been filed under Section 482 Cr.P.C. praying for issuance of direction to respondent Nos.2 to 5 to take remedial action with regard to representation/complaint, dated 11.06.2024, Annexure P-8 submitted by the petitioner to respondent No.2 by adding an offence under Section 307 IPC in FIR No.146, dated 04.12.2023, under Section 338 IPC, 25(9)/54/59 of the Arms Act, registered at Police Station Fatehgarh Sahib, Annexure P-1, and thereby conduct fair, impartial and scientific investigation in the matter as offence committed by respondent No.6, exfacie, fulfill the ingredients of offence under Section 307 IPC, but the police official did not proceed with the matter in a fair and transparent manner just for the reason that respondent No.8 is working as ASI in Police Department and even for that purpose, the petitioner submitted various representations including representation, Annexure P-8, which prima facie makes out MEENU 2024.08.08 14:49 I attest to the accuracy and integrity of this document

CRM-M-38129-2024 -2cognizable offence against respondents No.6 to 8, however, despite the receipt of the same, respondents No.2 to 4 have failed to further proceed with the matter and also did not add the offence punishable under Section 307 IPC. It is also prayed to issue directions to respondents No.2 to 5 to protect the life and liberty of the petitioner at the hands of respondents No.6 to 8, who are pressurizing the petitioner to compromise the matter as would be apparent from the narration of factual position, which is being set out in the present petition.

Notice of motion to respondents no.1 to 5-State only. On asking of the Court, Mr.Tarun Aggarwal, Sr.DAG, Punjab, who is present in Court, accepts notice on behalf of the respondents/State. Without entering upon an exercise to evaluate the evidentiary value of the documents placed on the file, I dispose of the petition with a direction to respondent no.3-Senior Superintendent of Police, Fatehgarh Sahib, to treat this petition as representation and consider the material provided by the petitioner and proceed further as per law. Respondent No.3 is also to grant protection to the petitioner, if any threat to his life and liberty is perceived. It is clarified that this order shall not be taken to grant immunity to the petitioners from legal action for violation of law, if any, committed by them.

August 07, 2024 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2024.08.08 14:49 I attest to the accuracy and integrity of this document