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[Cites 10, Cited by 0]

Punjab-Haryana High Court

Balwinder Singh And Another vs State Of Punjab And Others on 22 May, 2013

Author: L.N. Mittal

Bench: L.N. Mittal

Criminal Misc. No. M-10634 of 2011                                    -1-




IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH



                         Criminal Misc. No. M-10634 of 2011
                         Date of decision : May 22, 2013


Balwinder Singh and another
                                            ....Petitioners
                         versus

State of Punjab and others
                                            ....Respondents


Coram:      Hon'ble Mr. Justice L.N. Mittal


Present :   Mr. Anil Chawla, Advocate, for the petitioner

            Mr. Gaurav Garg Dhuriwala, DAG, Punjab
            for respondents no. 1 and 2

            Mr. GPS Bal, Advocate, for respondent no. 3


L.N. Mittal, J. (Oral)

Petitioners Balwinder Singh and Swaran Singh have filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) for conducting fair and impartial inquiry into injuries caused to petitioner no. 1 and also inquiry into allegations levelled in representations dated 2.3.2011, Annexure P/1 and 3.3.2011, Annexure P/2 and for registering cross-version of the petitioners in FIR No. 30 dated 24.2.2011 Criminal Misc. No. M-10634 of 2011 -2- under sections 452, 506, 364, 307, 326, 109, 115, 34 IPC, Police Station Goindwal Sahib, District Tarn Taran (Annexure P/3) lodged by respondent no. 4 against petitioners and others and also for inquiry against respondent no. 3-SHO for picking up petitioner no. 1 from hospital and beating him.

Pursuant to order of the preceding date, Mr. Raj Jit Singh, Senior Superintendent of Police, Tarn Taran is present in person. His affidavit pursuant to order of the preceding date has already been placed on record. Necessary action against guilty regarding delay in the case has been initiated.

I have heard counsel for the parties and perused the case file. According to reply dated 13.2.2012 filed on behalf of respondents no. 1 and 2, fair and impartial inquiry into causing of injuries to petitioner no. 1 and into other allegations of petitioners including representations Annexure P/1 and P/2 has already been conducted by Superintendent of Police (Operations), Amritsar and according to the inquiry, FIR Annexure P/3 was found to be correctly registered and allegations made by the petitioners were found to be false and have been made to save their own skin in the FIR.

Copy of the inquiry report has been supplied by State counsel to counsel for the petitioners as prayed for by him.

In view of the aforesaid, the instant petition is disposed of as Criminal Misc. No. M-10634 of 2011 -3- infructuous with liberty to the petitioners to file private criminal complaint in accordance with law.


                                                      ( L.N. Mittal )
May 22, 2013                                               Judge
   'dalbir'