Punjab-Haryana High Court
Sukhdev Singh vs State Of Punjab And Ors on 12 September, 2022
113
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-27572-2021
Date of decision : 12.09.2022
Sukhdev Singh
....Petitioner
Versus
State of Punjab
...Respondent
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Jasminder S. Thind, Advocate
for the petitioner.
Mr. Gurdarshan S. Sidhu, Asstt. Advocate General, Punjab
for the respondent-State.
PANKAJ JAIN, J. (ORAL)
By way of present petition filed u/s 482 Cr.P.C., the petitioner
sought directions to respondent No.3 to investigate and decide the the
complaint dated 28th of December, 2020 (Anexure P-5).
2. On 20th of July, 2021, Ld. State Counsel sought time to
complete instructions. During the pendency of the present petition, affidavit
dated 24th of May 2022 of respondent No.2-Commissioner of Police,
Amritsar has come on record. The operative part thereof reads as under :-
4. That the deponent has obtained a detailed report from the Deputy
Commissioner of Police (Detective) Amritsar with respect to the
progress of the inquiry proceedings relating to the complaints UID
Nos. 1946402 dated 28.12.2020, UID No. 2231287 dated
07.01.2022 and UID No. 2329666 dated 09.05.2022 filed by the
petitioner and complaint UID No. 2289006 dated 01.04.2022 by the
respondent No. 6 in the office of the deponent. The Deputy
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Commissioner of Police (Detective), Amritsar City has submitted
his detailed report No. 43-5AP dated 19.05.2022 in the office of the
deponent about the progress of the inquiry reporting therein that
respondent No. 6 and 9 are not cooperating in the inquiry
proceedings and have not produced the original Wills in their favor
for the purpose of comparison of signatures from the Forensic
Science Laboratory despite issuance of repeated notices to them
and he requires more time to complete the inquiry after: analyzing
all the relevant. The true translation of the concluding paragraph of
the aforesaid report dated 19.05.2022 is reproduced for the kind
perusal of this Hon'ble Court as under:
"I have minutely examined the recorded statements, other
documents, court judgments, revenue records and facts brought
on file by the petitioner Sukhdev Singh son of Tarlok Singh R/o
1186, Housing Board Colony Ranjit Avenue, Amritsar &
respondents Gajinder Kumar son of Raj Kumar R/o 91, Katra
Moti Ram, Amritsar, Satnam Singh son of Kartar Singh R/o
Vill.Margindpur, Teh.Patti Distt.Tam Taran, Monika Bhagat &
Sonika Bhagat both d/o Pyare Lal Bhagat R/o 401 Basant
Avenue Amritsar and Harwinder Singh Patwari Circle Tung
Bala, Amritsar-2 and after examination it comes out that
petitioner Sukhdev Singh son of Tarlok Singh has alleged in his
complaint that the respondents Gajinder Kumar son of Raj
Kumar R/o 91, Katra Moti Ram, Amritsar and Satnam Singh son
of Kartar Singh R/o Vill. Margindpur, Teh. Patti Distt. Tarn
Taran are staking claim on Kothi no 401, Basant Avenue,
Amritsar on the basis of forged Wills, due to which the
comparison of these Wills from FSL is necessary. The
respondents Gajinder Kumar and Satnam Singh have not
produced the original Wills so far. The respondents Gajinder
Kumar and Satnam Singh were issued Notice No 26-5P dated
10.05.2022 and Notice No 27-5P dated 10.05.2022 for
14.05.2022 for producing original wills, but these respondents
have neither come present nor produced the Wills through some
other persons and now respondents Gajinder Kumar and Satnam
Singh have been issued Notices No. 32-5P dated 18.05.2022,
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Notice No. 33-5P dated 18.05.2022 respectively for producing
the original Wills. After getting the original Wills, there will be
sent to Forensic Science Laboratory and further legal action will
be taken as per the report. It is pertinent to mention here that
the present inquiry was marked to undersigned on 09.05.2022
and it is not possible to examine these Wills in such a short span
of time. Due to these reasons some more time is required for the
inquiry. Some more time be given so that the report be produced
after examining true facts."
The true translation of the aforesaid report dated 19.05.2022 is
attached herewith for the kind perusal of this Hon'ble Court as
Annexure R-1/T. The true translation of the Notices Nos. 25-5P
dated 10.05.2022, 27-5P dated 10.05.2022, 32-5P dated 10.05.2022
and 33-5P dated 10.05.2022 are attached here with. In fact
statements of Satnam Singh son of Kartar Singh (respondent No.9)
have been recorded in which he himself admitted to produce the
original will before 29.03.2021 but till the same date has not been
produced so far. Statements of Satnam Singh son of Kartar Singh
are attached herewith for the kind perusal of this Hon'ble Court as
Annexures R-2/T to R-7/T.
5. That it is humbly submitted that matter is being inquired by
Deputy Commissioner of Police (Detective), Amritsar City who has
been directed to examine all the aspects regarding the present
matter and then submit his report. The deponent assures that all
possible steps shall be taken for the completion of the aforesaid
inquiry as soon as possible and further appropriate/suitable action
would be taken in accordance with law on the basis of the findings
of the inquiry report after its submission in the office of the
deponent by the Deputy Commissioner of Police (Detective),
Amritsar City."
3. On 24th of May, 2022 while affidavit was taken on record, State
Counsel submitted that pending inquiry will be taken to its logical end
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within three months.
4. Keeping in view the stand of the State which has come on
record and the fact that the matter is being investigated after registration of
the case, nothing remains to be adjudicated at the hands of this Court.
5. Resultantly, the present petition is dismissed.
6. At this stage, Mr. Thind, prays that the petitioner be granted
liberty to avail alternate remedies as prescribed under the law.
7. Liberty is granted, as prayed for.
September 12, 2022 (PANKAJ JAIN)
Dpr JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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