Allowed

Karamvir Singh v. State of Punjab

Punjab & Haryana HC9 May 2024CRM-M/10262/2024

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana quashed an FIR and subsequent proceedings against a petitioner. The court found the allegations false based on a cancellation report filed in 2015, which was recently presented, and prior acquittal of the petitioner in a related complaint.

What did the court decide?

FIR No.51 dated 12.05.2015 and all consequential proceedings are quashed qua the petitioner.

Karamvir Singh Vs State of Punjab — Quashing and FIR | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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233 CRM-M-10262-2024(O&M)

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Date of order: 09.05.2024

Karamvir Singh

…..Petitioner(s)

Vs.

State of Punjab

…..Respondent(s)

CORAM: HON’BLE MS. JUSTICE NIDHI GUPTA

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Present:Ms. Manju Goyal, Advoc a te for the petitioner.

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Ms. Aakanksha Gupta, A A G Punjab.

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Nidhi Gupta, J.

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On 27.02.2024, the foll o wing order was passed by thi s

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Court:-

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“Prayer in this petition is for quashing of FIR No.051 date d 12.5.2015 (Annexure P-1) und e r Sections 336, 506, 148, 149, 366, 511 IPC and Section 25/2 7 /54/59 of Arms Act, registere d at Police Station Nihal Singh Wala, District Moga and al l subsequent proceedings arising therefrom. Learned counsel for the petitio n er inter alia contends that th e allegations made in the FIR ag a inst the petitioner that he ha d f ired two shots in the air and t h reatened the complainant an d the other persons present at t he spot. are on the face of it, f alse because as per the police report dated 22.8.201 5 (Annexure P-2) at page 29 o f the paper book, it has bee n pointed out that at the time of o ccurrence, as per call location s of the petitioner on the da t e of incident i.e. 11.5.2015, petitioner was found to be n ot present at the spot. Th e petitioner was found to be at M ohali at that time; and on th e

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SUNENA 2024.05.10 18:08 I attest to the accuracy and authenticity of this document

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Page 2 of 4

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same day, at around 07:32 pm, he had withdrawn money fro m HDFC Bank ATM at Mohali, o f which CCTV footage has als o been captured by the Station House Officer of Nihal Sing h Wala, which was attached with the report.

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Learned counsel for the pet i tioner also submits that th e complainant had also filed a c o mplaint against the petitione r and other accused under Secti o ns 336, 366, 506, 511, 148, 14 9 IPC and Sections 25,27 of the Arms Act, in which the petitione r and other accused have been a cquitted, as is evident from th e order dated 21.7.2023 (Annexure P3) passed by the Additiona l Sessions Judge, Moga.

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Notice of motion.

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On asking of the Court, Mr. K unwarbir Singh, AAG, Punja b accepts notice on behalf of r e spondent-State and does no t deny the abovesaid facts a n d in fact submits that afte r investigation, cancellation rep o rt has been filed in the FIR, which has been approved by the Senior Superintendent o f Police, Moga on 30.09.201 6, which fact has also bee n mentioned at page 31 of the pa p er book. Learned State counse l seeks time to file the detailed s t atus report in the matter.

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Adjourned to 20.3.2024.”

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Today, learned State Counsel files status report date d 09.05.2024, by way of affidavit of P aramjit Singh, PPS, Deput y Superintend e nt of Police, Nihal Singh Wal a , District Moga, which is taken on record, wherein in Paras 4 to 6, it has be e n stated as follows:-

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“4. That after registration of the case, on moving o f applications by Chamkaur S i ngh s/o SaudagarSingh an d Balwinder Kaur before the S e nior Superintendent of Police, Moga, the investigation of the present case was conducted b y

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SUNENA 2024.05.10 18:08 I attest to the accuracy and authenticity of this document

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Page 3 of 4

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the then Deputy Superinten d ent of Police (Investigation), Moga. During investigation o f the case, it was found tha t petitioner was not visited the v illage Bir Rauke on 11.05.2015, infact he was in Mohali and he h ad also withdrawn the amoun t f rom the ATM of HDFC Bank, M ohali on 11.05.2015 at abou t 7.32 PM. During investigation of the case, it was also foun d that on 11.05.2015 when Ran d hir Singh and Akashdeep Sing h @ Happy Singh were passing through the periphery of th e village Bir Rauke and on watchi n g them complainant alongwit h his companions beaten them. During investigation, no evidenc e came on file to prove that Ran d hir Singh and Happy visited th e village with intention to kidn a p/abduct Sukhvir Kaur. Durin g investigation all the allegatio n s levelled by the complainan t were found to be false and i t was also found that no suc h occurrence as alleged by the complainant was ever take n place. After completion of th e investigation vide his repor t dated 23.08.2015 the then D e puty Superintendent of Polic e (Investigation), Moga recomm e nded to file cancellation repor t in the present case. Said invest i gation report was approved b y the then Senior Superintendent of Police on 30.09.2015.

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5. That after completion of in v estigation, cancellation repor t was prepared by the then SHO, Police Station Nihal Singh Wal a on 16.10.2015 and the then D e puty Superintendent of Police, Nihal Singh Wala also gave his a pproval to file the same befor e the Ld. Court of lllaqa Magistra t e on 29.12.2015.

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6. That after completion of all the formalities the cancellatio n report has been presented b efore the Ld. Court of Illag a Magistrate, Nihal Singh Wala o n 04.05.2024. The statement o f complainant has also been re c orded before the Ld. Court o n same day in which he has agreed with the cancellation report. Now same is fixed for 11.05.2024 before the National Lo k Adalat.”

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SUNENA 2024.05.10 18:08 I attest to the accuracy and authenticity of this document

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Page 4 of 4

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From the above fac t s it follows that althoug h cancellation report in the present case wa s prepared as far back as in th e year 2015, h owever, it has been presente d before the learned trial Cour t only on 04.05.2024 i.e. after filing of the pr e sent petition in February 2024 . It may be p o inted out that despite the fac t that the petitioner is a Senio r Constable i n the Intelligence Wing in Pun j ab, the present FIR remaine d pending as c ancellation report had not be e n filed in the Court. It is onl y when the p e titioner applied for ‘no objecti o n’ for his visa to the concerne d Department , that the said fact came to his n otice.Resultantly the petitione r has been suffering for the past 9 years from 2015 till date.

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It may also be noticed, and as has already been pointed out by thi s Court in order dated 27.0 2 .2024, the complainant ha d previously a lso filed a complaint agai n st the petitioner on simila r allegations i n which the petitioner stood a c quitted vide judgement date d 21.07.2023 ( A nnexure P3).

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In view of the above, p r esent petition is allowed; an d FIR No.51 d a ted 12.05.2015 registered under Sections 336, 506, 148, 149 , 366, 511 IP C and Sections 25/27/54/59 A r ms Act at Police Station Niha l Singh Wala, D istrict Moga (Annexure P1); a n d all consequential proceeding s arising therefrom; are quashed qua the peti t ioner.

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Pending application(s) if a ny also stand(s) disposed of.

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09.05.2024		(Nidhi Gupta)
Sunena		Judge
Whethe r speaking/reasoned	Yes/No
Whethe r reportable	Yes/No

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SUNENA 2024.05.10 18:08 I attest to the accuracy and authenticity of this document

Karamvir Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

Karamvir Singh v. State of Punjab

Case brief

What is this about?

What did the court decide?

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