Allowed¶11

Kulwant Singh v. State of Hp

Himachal Pradesh HC4 Jun 2025CRMPM/1243/2025

Case brief

AI extract

What is this about?

Cr.MP(M) No.1243 of 2025; Kulwant Singh v. State of H.P.; interim order dated 28.05.2025 made absolute; petitioner had not joined investigation; IO had no instructions on joining of investigation; verification only by Dy.S.P.; status report silent on custodial interrogation; proceedings in absence of victim/complainant; direction to State for competent person with proper instructions; P.S. Nirmand, District Kullu, H.P.; Rakesh Kainthla, Judge; decided 04.06.2025.

What did the court decide?

Interim order dated 28.05.2025 made absolute in favour of the petitioner; State further directed to ensure that a competent person appears in Court with proper instructions in future, failing which the Court shall take serious note. ¶11

Kulwant Singh Vs State of Hp — Himachal Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim order dated 28.05.2025 operating in favour of the petitioner should be made absolute, having regard to the nature of the allegations, the petitioner's non-joining of the investigation, and the absence of any indication in the status report that custodial interrogation was required.

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Court's answer

Keeping in view the nature of the allegations, the interim order dated 28.05.2025 is made absolute.

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Ratio / Principle

On perusal of the status report, the petitioner had not joined the investigation.

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Key takeaways

The Investigating Officer (SI/SHO Gopal Singh, P.S. Nirmand) had no instructions whether the petitioner had joined the investigation; that fact could only be verified by the Dy.S.P., and the status report did not show that custodial interrogation of the petitioner was required.ratio¶10
The State is directed to ensure that in future a competent person appears in Court with proper instructions, failing which the Court will take serious note of such lapses.ratio¶12

Detailed headnote1 paragraphs

High Court of Himachal Pradesh (Rakesh Kainthla, Judge), 04.06.2025 — Cr.MP(M) No.1243 of 2025, Kulwant Singh v. State of H.P.: The victim/complainant, though informed of the pendency of the petition, neither appeared nor was represented, and the matter was proceeded with in her absence. The status report showed that the petitioner had not joined the investigation; the Investigating Officer (SI/SHO Gopal Singh, P.S. Nirmand, District Kullu, H.P.), present in Court, stated he had no instructions whether the petitioner had joined, a fact verifiable only by the Dy.S.P., and the status report did not show that custodial interrogation of the petitioner was required. Keeping in view the nature of the allegations, the interim order dated 28.05.2025 was made absolute. The State was directed to ensure that in future a competent person appears in Court imparting proper instructions, failing which the Court shall take serious note of such lapses.

Kulwant Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Kulwant Singh v. State of Hp

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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