IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.26830-M of 2007
DATE OF DECISION : SEPTEMBER 11, 2008
JARNAIL SINGH ....... PETITIONER(S)
VERSUS
STATE OF PUNJAB & ORS. .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. HS Saggu, Advocate, for the petitioner(s).
Mr. KS Sidhu, DAG, Punjab.
Mr. Sanjiv Gupta, Advocate, for respondent No.5.
AJAI LAMBA, J. (Oral)
This petition under Section 482, Code of Criminal Procedure,
has been filed with a prayer that the official respondents be directed to take
legal action against respondent No.5.
It has been pleaded that criminal culpability of respondent
No.5 is made out on a perusal of Annexure P-3 i.e. complaint made to DSP,
Sangrur. The complaint was made on 6.3.2007 and, yet, the FIR has not
been lodged.
The stand taken by the respondent-State is that an inquiry was
conducted, however, only simple money transaction was found and there
was no criminal culpability.
I have gone through the inquiry report (Annexure R-1/T). It is
Criminal Misc.26830-M of 2007 2
surprising that DSP, Sub Division, Sangrur, has come to the conclusion
that no criminal offence is made out without even questioning respondent
No.5. In the inquiry report (Annexure R-1/T), it has been mentioned that
Sukhdev Singh, inspite of summoning time and again, has not joined the
inquiry.
This petition is disposed of with a direction that DSP, Sub
Division, Sangrur, shall hold a fresh inquiry into the allegations levelled
by the petitioner. The inquiry would be conducted and concluded within
45 days of the receipt of a copy of this order. All relevant
witnesses/persons would be joined before submitting a report. All
relevant witnesses/persons would be joined before submitting a report.
September 11, 2008 ( AJAI LAMBA ) Kang JUDGE