Punjab-Haryana High Court
Sonu Kumar Singh vs State Of Punjab And Others on 10 April, 2024
Neutral Citation No:=2024:PHHC:049621
CRM-M-9940-2017 2024:PHHC:049621
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IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
116
CRM-M-9940-2017
Date of decision: 10.04.2024
SONU KUMAR SINGH
....Petitioner
Versus
STATE OF PUNJAB AND OTHERS
...Respondents
CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI
Present : Mr. Saurabh Singh, Advocate
for the petitioner.
Mr. Pardeep Bajaj, DAG, Punjab.
Mr. Ravinder Gill, Advocate for
Mr. Vikas Bali, Advocate
for respondents No.5 to 7.
KULDEEP TIWARI. J.(Oral)
1. Through the instant petition, under Section 482 Cr.P.C, a prayer is
made to invoke the inherent power of this Court for issuance of directions upon
official respondents, to fairly investigate the death of father of the present
petitioner, who has died under mysterious circumstances.
2. On 12.03.2024, the following order was passed:-
"Through the instant petition, a prayer is made to invoke the
inherent power of this Court for issuance of directions upon official
respondents, to fairly investigate the death of father of the present
petitioner. As per the petitioner, his father died in mysterious
circumstances. This matter is pending consideration since the year
2017.
Today, learned State counsel on instructions imparted to him
by ASI Mahinder Singh, submits that the enquiry is still pending, and
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no final decision has been taken so far. This Court is unable to
comprehend the manner in which the Punjab Police is proceeding in
the instant matter. First of all, no reason has come forth as to why
there being a specific information regarding commission of
cognizable offence, no FIR has been registered so far. This is a clear
cut violation of the plea raised in the judgment rendered by the
Hon'ble Supreme Court in Lalita Kumari Vs. Govt. of India SC
(2013) (4) RCR Criminal 979. Further it is also informed that the
enquiry is being conducted at various levels, and forensic reports are
also concluded during enquiry.
Let the Senior Superintendent of Police concerned file his
personal affidavit explaining therein, that how come, without
registration of an FIR, the enquiry is being conducted by the Punjab
Police, that too, when there are allegations of death of a person in
mysterious circumstances. He shall also give detail of the enquiry as
on today, as conducted, alongwith the information asked for by this
Court.
Adjourned to 10.04.2024.
To be shown in the urgent list.
In case the Superintendent of Police concerned failed to file the
affidavit he shall cause his personal appearance on the next date of
hearing.
3. In compliance to the above order, status report by way of affidavit
dated 10.04.2024, of Sh. Balram Rana, PPS, Superintendent of Police (Inv), GRP
Ludhiana has been filed on behalf of respondents No.1 to 4. The same is taken on
record.
4. A perusal of the reply reveals that after inquiry, which was being
conducted by the Investigating Officer, it is stated therein that the father of the
present petitioner has died due to the injuries received by him in a train accident.
5. Learned counsel for the petitioner though has tried to built up a case
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before this Court, that it is a homicidal case, and not a train accident case, but this
Court cannot, through exchange of affidavit(s) conclude that it is a case of
homicidal death, and not that of a train accident.
6. At this stage, learned counsel for the petitioner seeks permission of
this Court to withdraw the instant petition, however with liberty to take an
alternate remedy as available under the law, for redressal of his grievance.
7. The instant petition is ordered to be dismissed as withdrawn with
the liberty aforesaid.
(KULDEEP TIWARI)
10.04.2024 JUDGE
amandeep
Whether speaking/reasoned. : Yes/No
Whether Reportable. : Yes/No
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