Punjab-Haryana High Court
Satish vs State Of Haryana on 9 May, 2024
Author: Anoop Chitkara
Bench: Anoop Chitkara
Neutral Citation No:=2024:PHHC:065148
CRM-M No. 20417 of 2024
218 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M No. 20417 of 2024
Date of Decision: 09.05.2024
Sa sh ...Pe oner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Rajesh Goyal, Advocate
for the pe oner (through V.C.).
Mr. Rajat Gautam, Addl. A.G., Haryana.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Sta on Sec ons
20 12.01.2024 ChandniBagh, 120-B, 166, 166-A, 202, 217,
Panipat 218, 389, 506 IPC and 7, 8, 13
of PC Act, 1988
1. The pe oner, incarcerated in the FIR cap oned above, has come up before this Court under Sec on 439 CrPC.
2. Vide order dated 01.05.2024, this Court had granted interim bail to the pe oner and the said order is con nuing ll date.
3. Facts of the case are being taken from status report filed by concerned DySP which reads as follows:-
"(i) That on 06.01.2024, one Nafis S/o Ali Hasan, presented a wri en complaint in P.S. Chandni Bagh, Panipat, inter alia with allega'ons that his brother namely Nafis has been beaten up and killed by 7-8 boys including "Chautala" and "Kala" at Premi Dhabha, Sanoli Raod, Panipat on 17.12.2023. It was further alleged that due to pressure of Premi Dhabha owners he gave a wri en complaint before police that his brother has died due to some deadly disease but he get to know that doctor men'oned about the injuries in the PMR. On the basis of said complaint and nature of crime a formal FIR No. 07 dated 06.01.2024 was registered u/s 302 and 34 of IPC at P.S 1 1 of 5 ::: Downloaded on - 11-05-2024 10:06:05 ::: Neutral Citation No:=2024:PHHC:065148 CRM-M No. 20417 of 2024 Chandnibagh, District Panipat. True Copy of FIR No. 07 dated 06.01.2024 u/s 302, 34 of IPC registered at P.S Chandni Bagh, Panipat is annexed herewith as Annexure R-1.
(ii) That on 10.01.2024, Nafis S/o Ali Hasan, presented one another complaint bearing no. 46-Peshi dated 10.01.2024, before Superintendent of Police, District Panipat. The contents of the complaint are reproduced for the ready reference of the Hon'ble Court as under:
"I, Nafis S/o Ali Hasan, R/o Gulshan Nagar, Kairana, District Shamli, U ar Pradesh. I work as a labourer. My younger brother Arif, was married and had two children. He used to live with his family in Kairana, District Shamli. To support his family, Arif used to do the work of garbage picking in different areas of Panipat. On 17.12.2023, my brother Arif had come to Panipat in the morning to collect garbage. My brother did not return home in the evening. On 18.12.2023, I got a call from my uncle Adarish's son Ashu, who lives in a slum near Sanauli Road, Malik Petrol Pump, and he told me that Arif and Raju, R/o Slum Near Malik Petrol Pump, Sanauli Road, had a fight at the Premi Dhabha, and Arif was beaten to death by them. ThereaAer, I went straight to P.S. Chandni Bagh, Panipat, with my family. I met a policeman in the police sta'on who told his name as ASI Sa'sh Kumar, and he told me that on 17.12.2023, the body of my brother Arif was found near Premi Dhaba, near ABC Hospital, Sanoli Road, and he died due to excessive drinking and cold. When I started wri'ng a complaint about my brother's murder, the policeman said that you should write that your brother was ill for a long 'me. I refused to write this and took my family to the government hospital in Panipat. When I went to the hospital and saw my brother's body, I saw injury marks on many parts of his body. We met the media people there, and we told them the whole thing. AAer some 'me, the police vehicle arrived and took me aside and said that either write down what we are saying or else, no ma er how many days pass, we will not get the dead body of my brother. That night, we went back to our home in Kairana. In the morning, I got a call from a person named Anil Madan from mobile number 70155-21470 who asked me to come to Malik Petrol Pump, Sanoli Road, Panipat, whatever was to happen has happened, and asked me to sit and compromise. I refused to accept the compromise. Due to pressure, I came to Malik Petrol Pump with my family members. Some people threatened us at the petrol pump 2 2 of 5 ::: Downloaded on - 11-05-2024 10:06:05 ::: Neutral Citation No:=2024:PHHC:065148 CRM-M No. 20417 of 2024 and made us sit in the panchayat. AAer some 'me, SHO Karambir took me and my mother, Vasila, from the petrol pump to Chandni Bagh Panipat in his government vehicle. However, when I started filing my complaint at the police sta'on, no one wrote the complaint according to me. The police got appended my signatures on some papers. The police made my family members sit in the police sta'on and made us compromise with the other party. ThereaAer, aAer the post-mortem of Arif, we took his dead body and brought it to our home in Kairana. When we leA the Government Hospital, Panipat with Arif's body, Anil Madan said that he would give us Rs 3.50 lakh for not filing a complaint and that he had also given Rs. 4 lakh to the police. We buried the body in the graveyard in Kairana. When I called Anil Madan on his number regarding the Post-Mortem Report, he threatened me and asked me what will I do with the Post Mortem Report. A few days aAer my brother's murder, I got a call from a person who said that if he enters Panipat, he would shoot me. On 06.01.2024, I gathered my family members and filed a complaint in P.S. Chandni Bagh in the hope of jus'ce, on which a case of murder of my brother was registered and CIA police arrested accused persons involved in the murder of my brother Arif. The officials of P.S. Chandni Bagh, Panipat, namely ASI Sa'sh, SHO Karambir, who tried to suppress the case of the murder of my brother Arif. Legal ac'on should be taken against police officials of P.S. Chandnibagh, namely A.S.I. Sa'sh, and S.H.O. Karambir, who tried to suppress the murder case of my brother Arif, and against Anil Madan and others involved who threatened us by colluding with the police on the basis of money, and jus'ce should be provided to my family."
The said complaint was marked to Assistant Superintendent of Police, Samalkha, District Panipat for enquiry. The enquiry was conducted by Sh. Mayank Mishra, the then Assistant Superintendent of Police, Samalkha, Panipat. During enquiry, both par'es were called and enquired with regard to facts of the complaint. AAer comple'on of enquiry, a report bearing no. 40-SPL was sent to Superintendent of Police, Panipat with the opinion to register FIR under sec'ons 120-B, 166, 166-A, 202, 217, 218, 389, 506 of IPC and 7, 8, and 13 of the Preven'on of Corrup'on Act and to suspend police officials who are involved in this case with immediate effect as they can use their official posi'on to affect the inves'ga'on. The 3 3 of 5 ::: Downloaded on - 11-05-2024 10:06:05 ::: Neutral Citation No:=2024:PHHC:065148 CRM-M No. 20417 of 2024 relevant por'on of the enquiry report is reproduced below for the ready reference of Hon'ble Court:-
"Sir, with regard to the above-men'oned subject, it was found during enquiry that on dated 17.12.2023, Aarif, S/o Ali Hasan, R/o Gulshan Nagar, Village Kairana, District Shamli, UP, was beaten to death by accused Raju Chautala, S/o Hari Om, R/o Vidhyanand Colony, Panipat, along with his friends Sukram Pal Kala, S/o Dalbir Singh, R/o Village Diwana, District Panipat, Harjinder Singh, S/o Jaswant Singh, R/o Deshraj Colony, District Panipat, and Baljit @ Bholu, S/o Sardar Avtar Singh, R/o Patel Nagar, Panipat. Despite having informa'on about this heinous crime, ASI Sa'sh Kumar No. 903 and SHO Karambir No. 173 did not register the FIR for 21 days. During this 'me, both the aforemen'oned police officials mislead their senior officials by not telling the truth. When the complainant party again presented a fresh complaint and their shown their inten'on to appear before higher officials, only then FIR No. 07 dated 06.01.2024, U/s 148, 149, 323, and 302 IPC was registered. The same is being inves'gated by CIA-1, and five persons have already been arrested. The inves'ga'on of the said case is s'll in progress. Rajesh Malik, R/o Village Ugrakhedi, District Panipat, Anil Madan S/o Chand Prakash Madan, R/o House No. 2298, Sector 15, District Sonipat, Anup @ Bhanja, R/o Ugrakhedi, District Panipat, and Ishant @ Ishu, S/o Naresh Kumar, R/o New Ramesh Nagar, Tehsil Camp, Panipat, in collusion with accused persons and police officials, pressurized the complainant party. The accused persons have also produced evidence of collusion between the accused party and police officials, namely ASI Sa'sh Kumar and Karambir, the then Sta'on House Officer of P.S. Chandnibagh. The acts of both police officials fall within the purview of corrup'on and crime. The vic'm who came to the police for jus'ce has been denied the same. Other officials of the police sta'on are also under doubt, which can be clarified aAer a deep inves'ga'on aAer registra'on of FIR. Hence, the case should be registered and requires a deep inves'ga'on, as the vic'm has already been trauma'zed a lot. FIR under sec'ons 120-B, 166, 166- A, 202, 217, 218, 389, 506 of IPC and 7, 8, and 13 of the Preven'on of Corrup'on Act is recommended to be registered. The police officials who are involved in this case are recommended to be suspended with immediate effect as they can use their official posi'on to effect the inves'ga'on."4
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4. Counsel for the pe oner submits that they have voluntarily complied with the condi on no.13 of order dated 01.05.2024 and have handed over two sets of affidavit to the Inves gator.
5. State counsel does not refute the conten on of counsel for the pe oner and has handed over the affidavit to the Inves gator.
6. Given the nature of allega on, peculiar facts of the case and the period of pre-trial incarcera on which is more than 03 months, no ground for further pre-trial incarcera on is made out.
7. Pe on is allowed and interim order dated 01.05.2024 is made absolute. All pending applica ons, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
09.05.2024
Jyo Sharma
Whether speaking/reasoned: Yes
Whether reportable: No.
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