Punjab-Haryana High Court
Sanjay Bhardwaj vs State Of Haryana And Another on 13 January, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No. 9708 of 2013 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CWP No. 9708 of 2013 (O&M)
Date of decision : 13.01.2014
Sanjay Bhardwaj ...Petitioner
versus
State of Haryana and another ...Respondents
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present: Petitioner in person.
Dr. Deepak Jindal, DAG, Haryana
****
RITU BAHRI , J. (Oral)
This petition under Article 226/227 of the Constitution of India is for issuance of writ in the nature of mandamus directing respondent No. 1 and 2 for proper reconstruction of the documents (P-
4) i.e kalandra under Section 182 of 182 i.e D.D.E No. 13 dated 09.10.2002 in case RBT D.O.I 31.10.02/7.11.09 which has been stolen from the Court record in case titled as State through S.S. Mago pertaining to F.I.R No. 318 dated 13.08.2000 u/s 364 IPC registered at P.S. Sector 5 Pkl.
The above said F.I.R was registered on the statement of Sarv Sheel Mago and the same was investigated thoroughly by Panchkula Police and by Special Task Force, Ambala and by State Crime Branch, Arora Gaurav 2014.01.24 16:03 I attest to the accuracy and integrity of this document CWP No. 9708 of 2013 (O&M) -2- Haryana. During investigation, no truth in allegations of Sarv Sheel Mago and Nidhi Mago were found and the police filed the cancellation report in the above said F.I.R and initiated proceedings under Section 182 IPC by way of filing Kalandra u/s 182 IPC against Sarv Sheel Mago and Nidhi Mago for giving false information to the police. The marriage of petitioner and Nidhi Mago was solemnized on 16.05.1999 against the wishes of their family members in presence of their common friends at Arya Samaj Mandir Lajpat Nagar New Delhi. On 21.05.1999, they reached at Golabanda Cantt at the residence of Lt. Col. Rajeev Gupta and stayed there up to 26.05.1999. On 25.05.1999, Sarv Sheel Mago along with his nephew reached at residence of Lt. Col Rejeev Gupta and met petitioner and Nidhi. Subsequently, F.I.R No. 87 dated 27.05.1999 under Sections 363/366/376/467/468/471/120-B IPC was registered against the petitioner, his father and friend Rahul Mehtani. The petitioner was acquitted later on. Series of litigation started between the parties in different Courts With regard to investigation in F.I.R No. 318 dated 13.08.2000 u/s 364 IPC registered at P.S. Sector 5 Pkl, kalandra was filed under Section 182 IPC. When an application for inspection of the case was filed, the petitioner could not find kalandara mentioned above. When the petitioner disclosed about the non-availability of said kalandara on Court record file to his Advocate, he advised Arora Gauravthe 2014.01.24 16:03 I attest to the accuracy and integrity of this document CWP No. 9708 of 2013 (O&M) -3- petitioner to apply for certified copy of said kalandra and as per report of the copy branch, the kalandra was found not availabile in the case file (P-9). The petitioner then filed an application under the R.T.I. Vide order dated 09.05.2013, a direction was given by this Court to the District and Sessions Judge, Pkl to reconstruct the documents which have been stolen. In compliance of the above said order, a report has been received by Distt. and Sessions Judge, Panchkula stating therein that Civil Judge (Sr. Divn.) was asked to conduct a fact finding probe and vide his report dated 10.09.2013 he concluded that kalandara in question has been filed by the SHO concerned separately in the Court directly whereas cancellation report was sent through Supdt. of Police, Pk. And it was accordingly dealt with by the Court of Chief Judl. Magistrate, Pkl separately from 31.10.21002 onwards and it remained under the charge of said Shri Meharban who was working as concerned Ahlmad of complaint cases, but he failed to register it in the concerned register and later it was lost from his custody and thus, he was responsible for the same. The information of loss of record is also being sent to this Court on administrative side and concerned Court is also being directed to reconstruct the lost record from all available sources and send a report for taking further action in the matter.
This petition at this stage, is being disposed of by Aroragiving Gaurav a 2014.01.24 16:03 I attest to the accuracy and integrity of this document CWP No. 9708 of 2013 (O&M) -4- liberty to the petitioner to approach Distt. And Sessions Judge, Pkl to proceed his complaint under Section 182 IPC. The record shall be reconstructed, certified copy of kalandara be supplied by the petitioner. The proceedings under Section 182 IPC shall proceed thereafter, in accordance with law.
(RITU BAHRI) JUDGE 13.01.2014 G Arora Arora Gaurav 2014.01.24 16:03 I attest to the accuracy and integrity of this document