Gurlal Singh v. State Of Punjab And ORS


 

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Sr. No.232 CRM-M-50164-2019 Date of Decision: 09.05.2023 GURLAL SINGH .... Petitioner

Versus

STATE OF PUNJAB AND ORS ... Respondents CORAM: HON'BLE MR. JUSTICE VIVEK PURI

Present:

Mr. Satyam Arora, Advocate for Mr. C. M. Munjal, Advocate for the petitioner. Mr. Hittan Nehra, Additional A. G., Punjab.

**** VIVEK PURI , J. (ORAL) 1.

This petition has been filed under Section 482 of Cr.P.C. for issuing necessary directions to the respondents No.1 to 4 not to interfere in the investigation of FIR No.0069 dated 14.07.2019 (Annexure P-1), under Section 15/29 of Narcotics Drugs and Psychotropic Substances Act, 1985, registered at Kulgarhi, District Ferozepur and further retraining the respondents No.1 to 4 not to call the petitioner into their office. 2.

Learned counsel for the petitioner contends that the aforesaid FIR has registered against four persons and the respondent No.5 who is posted as DSP Vigilance is the brother of one of the accused. The petitioner is the Investigating Officer of the case. At the instance of the respondent No.5, the petitioner is being repeatedly called to the office of Senior Superintendent Police Vigilance Bureau and being pressurized not to initiate any action against the accused in the aforesaid FIR.

MAMTA 2023.05.12 18:45 I attest to the accuracy and integrity of this order/judgment

CRM-M-50164-2019 2023:PHHC:066764 3.

Learned State counsel submits that the investigation in the case bearing FIR No.69 dated 14.07.2019 is over, the challan has been presented and the case is pending trial. Furthermore, the respondent No.5 is neither the brother nor in any manner related to any of the accused in the aforesaid FIR. There is a complaint against the petitioner to the effect that he had demanded illegal gratification to the tune of Rs.1 lac from Nirmal Singh to settle the matter in the aforesaid FIR. Present petition has been moved with an attempt to seek pre-emptive action in the aforesaid complaint which was received in the Vigilance Department.

4.

Faced with situation, the learned counsel for the petitioner seeks to withdraw the present petition with liberty to raise the defence pleas in the inquiry or the proceedings that may be initiated on the basis of that complaint alleged to have been submitted by Nirmal Singh with regard to demand of illegal gratification by the petitioner.

5.

Dismissed as withdrawn with aforesaid liberty. (VIVEK PURI) May 09th, 2023 JUDGE M.Sikka Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No MAMTA 2023.05.12 18:45 I attest to the accuracy and integrity of this order/judgment