Disposed

Tanvir Hussain v. Jagpal Sandhu & Ors.

Punjab & Haryana HC22 Nov 2013COCP/392/2013

Case brief

AI extract

What is this about?

Oral disposal of a contempt petition alleging non-compliance with directions to inquire into the illegal sale of public land. The court observed that investigation was being supervised by ADGP and declared no willful disobedience. The interim report copy was denied as investigation was not final.

What did the court decide?

Disposal of the petition with observation of no willful disobedience. Request for copy of interim report denied.

Tanvir Hussain Vs Jagpal Sandhu & Ors. — Contempt of Court | Punjab & Haryana HC (2013)

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COCP No. 392 of 2013 [1]

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

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CHANDIGARH.

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COCP No. 392 of 2013

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Date of Decision: November 22, 2013

Tanvir Hussain

…..Petitioner

Vs.

Jagpal Sandhu and others

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…..Respondents

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CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.

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-.-

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Present:Mr.Abhinav Oberoi, Advocate for the petitioner.

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Mr.Hari Pal Verma, Addl.A.G., Punjab. Mr.J.S. Toor, Advocate Mr.B.S. Sidhu, Advocate.

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-.-

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M.M.S. BEDI, J. (ORAL)

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The petitioner has filed this contempt petition alleging that the order dated September 17, 2012 passed by a Division Bench of this Court to inquire into the matter of public land belonging to Health Department having been sold by the Municipal Corporation, Banur in favour of private party vide resolution dated May 25, 2010, expeditiously within a period of

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Gupta Sanjay 2013.11.25 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh

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COCP No. 392 of 2013

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[2]

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two months, has not been complied with. A direction was also issued vide said order to ADGP (Crime), Punjab, to look into the contents of the inquiry report submitted by SDM, Mohali on April 26, 2011.

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On last date of hearing i.e. September 20, 2013, I had gone through the police file which indicates that pursuant to the abovesaid orders, the ADGP (Crime) Punjab, vide order dated March 8, 2013 had constituted a Special Investigation Team after taking into consideration the inquiry report dated April 26, 2011. The investigation file further indicated that inquiry was being conducted in FIR No. 39/2011, Police Station, Banur. The investigation in the said case has been undertaken by a Special Investigation Team.

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As the petitioner was not satisfied with the investigation being conducted under Chapter XII of Cr.P.C., it was directed that in case he makes a statement before the investigating agency, his statement would be recorded under Section 163 (2) Cr.P.C.

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It has been informed that as per the directions of this Court, the ADGP (Crime), Punjab, is supervising the investigation by Special Investigation Team. The investigation is being headed by an officer of the rank of IGP. An interim status report has been produced in a sealed cover indicating that investigation for determining the truth in the allegations in the FIR is being undertaken. There does not appear to be any willful disobedience of any direction till date in view of above said circumstances.

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Gupta Sanjay 2013.11.25 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh

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COCP No. 392 of 2013 [3]

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This petition is disposed of. However, it is observed that in case the petitioner or any other person has got any grievance against the fairness of the investigation, it will be open to the petitioner or said person to avail the legal remedy in accordance with law.

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Counsel for the petitioner has made a request that copy of the interim report be given to him.

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The said request is declined as the investigation is still in progress and has not culminated into a final report under Section 173 (2) Cr.P.C. Sealed cover envelope is ordered to be returned to counsel for the respondents. It will be open to the petitioner to provide any other material, in the interest of fair investigation, if deemed appropriate.

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November 22, 2013 (M.M.S.BEDI) sanjay JUDGE

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Gupta Sanjay 2013.11.25 09:53 I attest to the accuracy and integrity of this document High Court Chandigarh

Tanvir Hussain v. Jagpal Sandhu & Ors.

Case brief

What is this about?

What did the court decide?

Tanvir Hussain v. Jagpal Sandhu & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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