Allowed

Sukhjinder Singh v. State of Punjab and Others

Punjab & Haryana HC13 Dec 2023CRM-M/62433/2023

Case brief

AI extract

What is this about?

Petitioner filed petition under Section 482 Cr.P.C. for fair investigation. Court directed DP to consider representation within 15 days and decide within two months via IPS officer, with liberty to file fresh petition.

What did the court decide?

Petitioner to submit representation to DG Policing within 15 days; DG Policing to decide within two months if IPS officer, with liberty to file fresh petition.

Sukhjinder Singh Vs State of Punjab and… — Writ and Judicial Review | Punjab & Haryana HC (2023)

CRM-M-62433-2023

2023:PHHC:159352

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

106 CRM-M-62433-2023 Date of Decision: 13.12.2023

Sukhjinder Singh

...Pe��oner

Versus

State of Punjab and others

¶10

…Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. R.K. Arya, Advocate for the pe��oner.

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Ms. Swa� Batra, D.A.G., Punjab. (Through video conferencing).

¶14

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ANOOP CHITKARA, J.

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The present pe��on has been filed under Sec�on 482 Cr.P.C. for issuance of appropriate direc�on to official respondents to get conduct fair and impar�al inves�ga�on in case FIR No. 20 dated 06.06.2022 under Sec�ons 120-B, 166, 166-A, 167, 194, 195, 211, 213 IPC and 7 & 13 of Preven�on of Corrup�on Act, 1988 at Police Sta�on Dhilwan, District Kapurthala from Crime Bureau or some superior police officers not below the rank of IPS.

¶17

A>er arguing for some �me, counsel for the pe��oner submits that he would be sa�sfied, in case he is permi?ed to file a fresh representa�on and concerned authority be directed to decide the same in a �me bound manner.

¶18

No�ces are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of no�ces to the private respondents is required.

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Let the pe��oner represent the Director General of Police, within fi>een days from today. If the pe��oner files a representa�on with in the above-men�oned �me period of fi>een days, then, the same shall be decided by the Director General of Police, within two months, either himself/herself or by authorizing and delega�ng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representa�onists without delay. In the

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JYOTI 2023.12.13 15:08 I attest to the accuracy and integrity of this order/judgment.

CRM-M-62433-2023

2023:PHHC:159352

representa�on, pe��oner to men�on his email I’d as well as his counsel so that the concerned officer could communicate them the outcome.

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Liberty reserved to the pe��oner to file fresh pe��on or to take other legal remedies in accordance with the law.

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It is clarified that there is no adjudica�on on merits. It is further clarified that this order shall not come in the way if the interroga�on of the pe��oner is required in any cognizable case.

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There would be no need for a cer�fied copy of this order, and any Advocate for the Pe��oner and State can download this order and other relevant par�culars from the official web page of this court and a�est it to be a true copy. The concerned officer can also verify its authen�city and may download and use the downloaded copy for immediate use.

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Pe--on is allowed to the extent men-oned above . All pending applica�ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE

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13.12.2023 Jyo�-II

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Whether speaking/reasoned: Yes Whether reportable: No.

¶32

JYOTI 2023.12.13 15:08 I attest to the accuracy and integrity of this order/judgment.

Sukhjinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Sukhjinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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