High Court Punjab-Haryana High Court

Aslam vs State Of Punjab And Others on 27 August, 2008

Punjab-Haryana High Court
Aslam vs State Of Punjab And Others on 27 August, 2008
CRIMINAL MISC. NO.M 10446 OF 1999                               :{ 1 }:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH


                    DATE OF DECISION: AUGUST 27, 2008



             Aslam

                                                             .....Petitioner

                                         VERSUS



             State of Punjab and others

                                                              ....Respondents



CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH

1. Whether Reporters of local papers may be allowed to see the judgement?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?



PRESENT:            None for the petitioner.

                    Mr. Mehardeep Singh, AAG, Punjab,
                    for the State.

                                  ****

RANJIT SINGH, J. (ORAL)

Long ago in the year 1999, Mr.R.L.Anand, J., during his

visit to Moga Sub Jail, had come across a prisoner who showed his

injuries, alleging that these were caused to him by burn at the hands

of SI Ajmer Singh, respondent No.2. Hon’ble Judge had then issued

direction to the Deputy Commissioner as well as Senior

Superintendent of Police to ensure proper treatment to the said
CRIMINAL MISC. NO.M 10446 OF 1999 :{ 2 }:

person, who has filed the present petition, seeking direction for

registration of a case against the police officials who were allegedly

responsible for causing injuries to him while he was in their custody.

The Court had also called for the report from Deputy Commissioner

and Senior Superintendent of Police, Moga, in regard to the action

that they had taken in the matter. Both the officers were directed to

furnish their explanation to the Court. The copy of the said order

dated 21.4.1999 was sent to the Deputy Commissioner and S.S.P.,

Moga.

Unfortunately, the case could not be taken up thereafter

till 4.8.2008. On this date, this Court found that no response has

been received, as required vide order dated 21.4.1999. Taking

serious view of the lapse on the part of the officials in not responding

to the directions issued by this Court, Deputy Commissioner and

S.S.P., Moga, were required to file response within 10 days. It was

directed that if they failed to file response, then they would remain

present before the Court on the date fixed. The case again could

not be taken up on 17.7.2008, to which date, it was adjourned, till it

has come up for hearing today.

Learned State counsel today submits that separate

replies/response by Deputy Commissioner and S.S.P., Moga, had

been received in the office of Advocate General, Punjab, within time,

but could not be placed on record as the case did not come up for

hearing. Learned counsel has placed before this Court the said

replies dated 16.7.2008. Both the replies are taken on record.

A perusal of the replies filed by D.S.P. (City), Moga,
CRIMINAL MISC. NO.M 10446 OF 1999 :{ 3 }:

would show that the petitioner herein was shifted to Civil Hospital,

Moga, for treatment on 19.3.1999. He was also released on bail. The

petitioner thereafter left the hospital of his own without giving any

intimation. He was accused of being involved in 8 criminal cases of

theft, robbery and attempting to dacoity. As per the reply, the

petitioner apparently had gone underground to avoid prosecution in

the cases pending against him. It is further disclosed that on the

basis of a complaint made by the petitioner, FIR No.101 dated

19.6.1999, under Sections 330, 342 and 323 IPC was registered at

Police Station City, Moga, against SI Ajmer Singh and ASI Lakhbir

Singh. The investigation in this case was conducted by DSP (City),

Moga. The petitioner was also joined in investigation. Ultimately, both

the police officials were found innocent and cancellation report was

submitted. It is also disclosed in the reply that after joining the

investigation of the case on 4.4.2000, the petitioner died in a road

accident on 6.4.2000. The death certificate of the petitioner is

enclosed with the reply.

No one has appeared to represent the petitioner in the

present case The prayer in the present petition was for registration of

a case against the respondents, who were responsible for torturing

the petitioner. Since the case was registered and investigated in the

year 2000 and cancellation report submitted, the prayer made in the

petition obviously is rendered infructuous. I would have been inclined

to pass further orders in regard to cancellation report submitted by

police but am desisting from doing so in view of the fact that the

present petitioner is no more and as such, no useful purpose will be
CRIMINAL MISC. NO.M 10446 OF 1999 :{ 4 }:

served in further pursuing the issue arising out of the complaint made

by late petitioner.

The present petition is accordingly disposed of as

infructuous.

August 27,2008                           ( RANJIT SINGH )
khurmi                                        JUDGE