Tarsem Singh vs State Of Punjab And Others
2024 Latest Caselaw 8321 P&H

Punjab-Haryana High Court

Tarsem Singh vs State Of Punjab And Others on 20 April, 2024

                                   Neutral Citation No:=2024:PHHC:053257




205                                                      2024:PHHC:053257

          IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                                                  CRM-M-44127-2023
                                                  Date of Decision : 20.04.2024

TARSEM SINGH
                                                                      .....Petitioner

                                      VERSUS

STATE OF PUNJAB AND OTHERS
                                                                   .....Respondents


CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:     Mr. G.P.S.Bal, Advocate,
             for the petitioner.

             Mr.Pardeep Bajaj, DAG, Punjab.

KULDEEP TIWARI. J.(Oral)

1. Through the instant petition, inherent powers of this Court

have been invoked for issuance of a mandamus upon the official

respondents to investigate in the instant FIR, wherein, there are

allegations of murder, of son of the present petitioner.

2. On 15.02.2024, the following order was passed by this

Court:-

"Short reply dated 18.10.2023, by way of an affidavit of Mr.Naunihal Singh, Commissioner of Police, Amritsar, has been filed, by the learned State counsel today in Court on behalf of respondents no.1 and 2, which is taken on record.

In the reply, though a conclusion with regard to the investigation/inquiry carried out by the prosecution agency concerned has been mentioned, however, it is nowhere mentioned therein, whether any FIR was registered before conducting the so called inquiry/investigation.

Consequently, the Senior Superintendent of Police concerned, is directed to file his additional affidavit, explaining therein, how an investigation/inquiry in the case, wherein allegations qua murder of a person are there, was conducted without registration of the FIR, specifically in the light of the

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Neutral Citation No:=2024:PHHC:053257

judgment passed by the Supreme Court in "Lalita Kumari vs. Government of U.P.", AIR 2014 SC 187 Adjourned to 08.04.2024."

3. In compliance to the above order, an additional affidavit of

Sh.Gurpreet Singh Bhullar, Commissioner of Police, Amritsar, was filed

by the State. A perusal of the same reflects that now the FIR no.44, dated

04.04.2024, under Section 302 IPC, has been registered at Police Station

Sultanwind, Amritsar and a Special Investigation Team comprising of

Ms.Darpan Ahluwalia, Addl.Deputy Commissioner of Police, City-1,

Amritsar, Mr.Maninderpal Singh, ACP (South), Amritsar, and SHO,

Police Station Sultanwind, Amritsar, has also been constituted.

4. Since the requisite steps have been taken by the respondent-

State, therefore, learned counsel for the petitioner, at this stage, does not

want to press the instant petition. Consequently, the instant petition is

ordered to be disposed of being not pressed, at this stage.

5. However, liberty is extended to the petitioner to re-access

this Court, in case the grievance of the petitioner is not redressed.

                                                  (KULDEEP TIWARI)
April 20, 2024                                         JUDGE
dharamvir


             Whether speaking/reasoned.       :      Yes/No
             Whether Reportable.              :      Yes/No




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