Chaman Lal v. State Of Punjab And Others

CRM-M-49800-2022 2023:PHHC:104792

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-49800-2022 Date of decision: 10.08.2023 Chaman Lal ..Petitioner

Versus

State of Punjab and others ..Respondents CORAM: HON'BLE MR. JUSTICE AMAN CHAUDHARY

Present:

None for the petitioner.

Ms. Himani Arora, AAG, Punjab.

*** AMAN CHAUDHARY, J 1.

This petition has been filed for investigating the FIR filed against the petitioner for protection of life and liberty as well as proper investigation the matter by the officer not below the rank of IGP/SIT in FIR No.125 dated 12.05.2021 registered under Sections 307, 324, 323, 341, 506, 148 and 149 IPC, at Police Station Sadar, Patiala. 2.

None had appeared on behalf of the petitioner on the last date of hearing. Position remains the same even today, despite the case having been called out twice.

3.

Affidavit of Varun Sharma, IPS, Senior Superintendent of Police, District Patiala on behalf of respondent-State has been filed by learned State counsel. Same is taken on record. 4.

Learned State counsel refers to para 14 of the affidavit which reads thus:- "14. That from the aforesaid facts and circumstances, it has emerged that both the petitioner and accused persons were admitted in Rajindra Hospital, Patiala in the late night on 11.05.2021 on account of injuries suffered by them in the occurrence in question. Based on MLR and statement of petitioner the case/FIR No. 125 (supra) was registered against the accused persons, however, as the accused persons had taken leave from the doctor before ASI Nishan Singh could record their statements, therefore, the cross case could not be registered at that point of time. After that, though applications filed on ASHOK KUMAR 2023.08.16 19:52 I attest to the accuracy and integrity of this document

CRM-M-49800-2022 2023:PHHC:104792 behalf of some of the accused persons were inquired by SP rank officers but in the said inquiries neither the statement of Pooja Rani nor her husband Harwinder Kumar who had suffered injuries at the hands of petitioner party were recorded. Besides no effort were made by L/SI Jaspreet Kaur and L/SI Gurpreet Kaur for recording their statements. After that it was ASI Nishan Singh who after obtaining medical record, recorded statement of Harwinder Kumar and finding prima facie case of cognizable offence, registered above said cross case against the petitioner party. False allegations are being leveled against the police officials in order to obtain some favourable order from this Hon'ble Court." 5.

In view of the above, no further orders are required to be passed and the present petition is disposed of as infructuous. ( AMAN CHAUDHARY ) 10.08.2023 JUDGE ashok Whether speaking/reasoned : Yes/No Whether reportable :

Yes/No ASHOK KUMAR 2023.08.16 19:52 I attest to the accuracy and integrity of this document