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Showing contexts for: IPC 219 in Sumedh Singh Saini vs The State Of Punjab on 3 December, 2020Matching Fragments
3. That one Palwinder Singh Multani, brother of one Balwant Singh Multani (deceased) has lodged an FIR against the appellant at Police Station City Mataur initially for the offences punishable under Sections 364, 201, 344, 219 and 120B of the IPC, and subsequently the offence punishable under Section 302 IPC has been added.
3.1 It is alleged that in the year 1991 one Balwant Singh Multani – brother of the informant was illegally abducted from his residence at Mohali by a team of officials operating under the instructions of the appellant; that he was severely and inhumanly tortured while in custody, by and at the behest of the appellant. It is further alleged that a false and fabricated FIR No. 112 of 1991 might have been registered at the instance of the appellant to suggest that the victim was brought to the police station Qadian from where the victim was alleged to have escaped.
3.2 That apprehending his arrest in connection with FIR No. 77 dated 06.05.2020, the appellant filed anticipatory bail application before the learned Additional Sessions Judge, Mohali. At this stage, it is required to be noted that when the appellant applied for anticipatory bail, the allegations in the FIR against the appellant were only for the offences punishable under Sections 364, 201, 344, 330, 219 and 120B of the IPC. That by order dated 11.05.2020, the learned Additional Sessions Judge, Mohali granted anticipatory bail in favour of the appellant. That thereafter as the appellant was apprehending that the offence under Section 302 IPC may be added, he approached the learned Additional Sessions Judge, Mohali for anticipatory bail for the offence punishable under Section 302 also. By order dated 10.07.2020, the learned Additional Sessions Judge granted protection by way of three days’ advance notice in case of addition of offence under Section 302 IPC. It appears that thereafter three coaccused in FIR No. 77 dated 06.05.2020 wanted to become approver and they submitted the applications before the learned Chief Judicial Magistrate, Mohali for grant of pardon and declaring them as approver under Section 306 Cr.P.C. However, all the three applications came to be dismissed by the learned Chief Judicial Magistrate, Mohali, vide order dated 7.8.2020. However, thereafter the applications submitted by the other coaccused – Jagir Singh and Kuldip Singh to grant them pardon and permit them to become approver came to be allowed by the learned Chief Judicial Magistrate, Mohali, vide order dated 18.08.2020. That thereafter the statements of Jagir Singh and Kuldip Singh were recorded by the learned Judicial Magistrate (First Class), Mohali, which were against the appellant. On the basis of the statements of the aforesaid two coaccused who subsequently turned approver – Jagir Singh and Kuldip Singh, an application was submitted before the learned Judicial Magistrate, First Class (Duty Magistrate) seeking addition of Section 302 IPC in FIR No. 77 dated 06.05.2020. That by order dated 21.08.2020, the learned Judicial Magistrate, First Class (Duty Magistrate) allowed the said application and thus section 302 IPC came to be added.
4.2 It is further submitted that the informant heavily placed reliance upon the liberty reserved in favour of the father of Balwant Singh Multani to file fresh proceedings. It is submitted that however during his life time the father of Balwant Singh Multani did not initiate any fresh proceedings and after a period of six years and after the death of the father of Balwant Singh Multani, the present FIR has been filed after 9 years of the judgment of this Court in the case of Davinder Pal Singh Bhullar (supra) and after 29 years of the incident and that too by the brother of Balwant Singh Multani with the political support of the current State Government. It is submitted that, as such, when initially the present FIR was lodged, it was lodged on 6.5.2020 only for the offences under Sections 364, 201, 344, 330, 219 and 120B of the IPC. It is submitted that thereafter the investigating agency with a malafide intention pressurised two coaccused and made them approver and obtained the statements against the appellant and on the basis of the statements of the two co accused who subsequently turned as approver, the offence punishable under Section 302 IPC has been added. 4.3 It is further submitted that even the present FIR also suffers from a serious jurisdictional error, inasmuch as, the FIR is registered in Mohali on the directions of the SSP, Mohali, whereas, in fact, all the events even as per the complainant occurred within the jurisdiction of P.S. Chandigarh. It is submitted that as per Sections 177 and 178, Cr.P.C. the ordinary place of investigation and trial is within whose local jurisdiction the offence has occurred. It is submitted that the present FIR No. 77 and the proceedings initiated pursuant thereto are a blatant abuse of process, malafide and misuse of policing power. It is submitted that as such the appellant has already moved an application for quashing FIR No. 77 dated 6.5.2020, which came to be dismissed by the High Court against which a special leave petition is pending before this Court.
9. Looking to the status of the appellant and it is reported that he has retired in the year 2018 as Director General of Police, Punjab after 30 years of service and the alleged incident is of the year 1991 and even in the present FIR initially there was no allegation for the offence under Section 302 IPC and the allegations were only for the offences under Sections 364, 201, 344, 330, 219 and 120B of the IPC, for which there was an order of anticipatory bail in favour of the appellant and subsequently the offence under Section 302 IPC has been added on the basis of the statements of Jagir Singh and Kuldip Singh – approvers only, we are of the opinion that the appellant has made out a case for anticipatory bail.