In a criminal miscellaneous petition under Section 482 CrPC seeking directions to order a fresh inquiry by an officer of IGP rank due to punishment awarded during the pendency of a Supreme Court appeal, the High Court found compliance impossible and disposed of the matter.
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Crl. Misc. No. M-26096 of 2004
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-26096 of 2004 Date of decision:-26.09.2013
Rakesh Yadav
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MS. JUSTICE RITU BAHRI
Present:None for the petitioner.
Mr. C.S. Bakshi, Addl.A.G. Haryana.
RITU BAHRI J.(Oral)
This petition under Section 482 Cr.P.C. is for issuing direction to the respondent to hold inquiry at the level of I.G.P.'s rank officer specially in view of order dated 13.8.1999 passed by this Court in CRM No.4981-M of 1999. An FIR No.374 dated 23.6.1998 under Sections 302, 307, 171 and 120-B IPC and Section 25/54/59 of Arms Act was registered at Police Station, Sadar, Hisar, on the statement of Partap Singh of Village Juglian, whose son Mohinder Singh was murdered on the intervening night of 22/23.6.1998. Challan was presented against father of the petitioner under Section 302 read with Section 120-B IPC, which reads as under :-
Asija Vijay 2013.10.07 10:47 I attest to the accuracy and integrity of this document High Court,Chandigarh
Crl. Misc. No. M-26096 of 2004
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“ASI Jaibir Singh after completing the investigation arrested and produced accused before A.C.J.M. who remanded the accused in judicial custody. Supplementary challan of accused Kaptan Singh has been filed and it be tried.”
Prior to filing of supplementary challan under Section 173 (8) Cr.P.C., Kaptan Singh filed a Criminal Misc. No.4981-M of 1999 in this Court, which was disposed of as under :-
“S.P. Hissar is directed to verify the investigation conducted so far in FIR No.374 dated 23.6.1998 registered at P.S. Saddar, Hissar and if he is not satisfied with the investigation conducted to entrust the same to a Senior Officer not below the rank of D.S.P. And also issue instructions for early completion of the investigation and take such steps as are required under law depending on the result of the investigation.
This petition is accordingly disposed of.”
As per prayer made by the petitioner in terms of order
dated 13.8.1999 , the responders were required to look into the matter in depth in the light of disclosure statement dated 10.11.1999. This statement was recorded by the Delhi police. As per the disclosure statement, the process of murder of Mohinder Singh was clarified. The trial court after presentation of supplementary chargesheet dated 7.6.1999 convicted the father of petitioner Kaptan Singh on 2.6.2003 to undergo life imprisonment. The Criminal Appeal No.612-DB of 2003 was filed and pending in this Court. The prayer
Asija Vijay 2013.10.07 10:47 I attest to the accuracy and integrity of this document High Court,Chandigarh
Crl. Misc. No. M-26096 of 2004
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has been made ultimately to open the trial after getting a report pursuant to order dated 13.8.1999.
On notice reply has been filed by the Deputy Superintendent of Police, Hisar stating that the trial court has convicted the father of petitioner and he has been sentenced for life with a fine of Rs.500/- under Sections 302/120-B IPC. The order dated 13.8.1999 passed by this Court could not be complied with as the entire record pertaining to the case is pending in the Hon'ble Supreme Court.
Counsel for the State on instructions from SI Rajinder Singh has further informed that the appeal of the petitioner was dismissed by this Court and the SLP is pending in the Hon'ble Supreme Court and the entire record has now been sent to the Hon'ble Supreme Court. The necessary directions sought by the petitioner at this stage could not be carried out.
No direction can be given to the respondents. The petition is disposed of.
September 26, 2013 ( RITU BAHRI ) Vijay Asija JUDGE
Asija Vijay 2013.10.07 10:47 I attest to the accuracy and integrity of this document High Court,Chandigarh
1 issue framed by the court
Whether directions to reopen investigation or open trial can be issued when the entire record is pending before the Supreme Court in an appeal or SLP.
Colour shows how this judgement treated each authority
Criminal Misc. No.4981-M of 1999Referred¶19
CRM No.4981-M of 1999
Criminal Appeal No.612-DB of 2003Referred¶23
Criminal Appeal No.612-DB of 2003
4 provisions across 3 enactments
Rakesh Yadav
State of Haryana
Ritu Bahri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
