Additional District and Sessions Judge K S Sullar ordered framing of charges against Sharma, DIG S P S Basra, Balkar Singh, the then SHO of Morinda Police Station, and ASI Incharge Gurcharan Singh under IPC sections 364 (kidnapping), 302 (Murder), 201 (destroying evidence), 120 B (Criminal conspiracy) and 34 (Common Intention).
The court yesterday referred the case to the District and Sessions Judge for framing of charges and the accused were directed to appear before the Sessions Judge on May 26.
Disposing of the application filed by the accused seeking discharge in the case, the court observed that “the facts of the present case do not bring the case of accused within the ambit of Section 197 CrPC.
“Rather, the evidence and documents placed on record prima facie prove that son of complainant Ajaib Singh was picked up by the accused and ultimately, he was not traced. He might have been killed as his body has not been recovered till date and the same might have been disposed of.
“Therefore, a prima facie case is clearly made out to frame charges against the accused for the commission of offence. So the application filed by the accused for discharging them in the present case has got no force and the same is hereby ordered to be dismissed,” the court observed.
Under Section 197 CrPC, prior sanction is required to prosecute public servants for any offence alleged to have been committed by while acting or purporting to act in the discharge of official duty.
As per the complaint filed in the court by Ajaib Singh, father of Kuldeep Singh (21), on October 24, 1990, Kuldeep Singh along with his cousin Jasmeet Kaur of Amrali village went to Morinda to get medicine from a doctor. When both of them reached near Krishna Mandi, Kuldeep Singh was picked by police in a white colour van which was bearing a number plate of police.
After investigation, police filed the untraced report following which Ajaib Singh lodged the criminal complaint before the trial court.
DGP Sharma informed the court yesterday that he could not appear as he was on foreign tour while another accused Balkar Singh requested for exemption from personal appearance on medical grounds.