Gurjit Singh And Others v. State Of Punjab And Another

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M No.9106 of 2025 (O&M) Date of decision: 25.03.2025 Gurjit Singh and others ....Petitioners

Versus

State of Punjab and another ....Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR

Present:

Mr. L.S. Sidhu, Advocate for the petitioners.

Mr. Subhash Godara, Addl. A.G., Punjab.

HARPREET SINGH BRAR J. (Oral) Prayer in this petition filed under Section 482 Cr.P.C., is for quashing of FIR No.143 dated 28.05.2014 registered under Sections 295-A, 427, 148, 149 IPC at Police Station Dharamkot, District Moga and all other subsequent proceedings arising therefrom. On 04.03.2025, the following order was passed by this Court:- "Status report dated 03.03.2025 by way of an affidavit of Ramandeep Singh, PPS, Deputy Superintendent of Police, Dharamkot, District Moga on behalf of respondent No.1-State has been filed. The same is taken on record. A copy thereof has been supplied to learned counsel for the petitioners.

The status report does not satisfy the specific query raised by this Court vide order dated 18.02.2025 and on the same day, a specific response was given by ASI Jaswinder Singh that pursuant to the order dated

18.09.2023 passed by learned Judicial Magistrate Ist Class, Moga, the case file has not been received till date. However, today learned State counsel, on instructions from SI Lakhwinder Singh, submits that the case file has now been received on 01.03.2025 and in compliance of the order passed by the jurisdictional Court on 18.09.2023, further investigation is being carried out. The status report filed by Deputy Superintendent of Police, Dharamkot, District Moga is totally silent about this fact. In view of the above, the Senior Superintendent of Police, Moga is directed to file his affidavit in the facts and circumstances of the case for 25.03.2025.

If any official is found negligent in passing the incorrect instructions to learned State counsel or deliberately keeping the case file to give undue benefit to any of the party involved in dispute, appropriate departmental action be taken and report thereof be submitted before this Court on or before the next date of hearing."

In compliance thereof, a short reply by way of affidavit of Ajay Gandhi, IPS, Senior Superintendent of Police, Moga, has been filed in the Court today which is taken on record. Learned State counsel has referred to Para 11 of the said affidavit, which reads as follows:- "11. That direction has been issued to Deputy Superintendent of Police, Dharamkot and SHO, Police Station Dharamkot by the deponent that to complete the further investigation of the present case as soon as possible and submit the report under Section 193 of BNSS positively in time bound manner and Deputy Superintendent of

Police, Sub Division Dharamkot would supervise the investigation and also submit the progress report regarding the investigation of the present case fortnightly vide office letter no.1071-72/Litigation dated 19-03-2025." Without commenting on the merits of the case and in light of the specific position outlined in the aforementioned affidavit, no further directions are required to be passed. Accordingly, the present petition is disposed of with a direction to the jurisdictional police authorities to complete the investigation and submit the final report, based on their findings, to the jurisdictional Court within a period of 08 weeks from the date of receipt of the certified copy of this order.

(HARPREET SINGH BRAR) JUDGE 25.03.2025 yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No