Punjab-Haryana High Court
Sukhpal Singh vs State Of Punjab And Others on 23 January, 2024
Neutral Citation No:=2024:PHHC:008853
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Neutral Citation No. 2024:PHHC:008853
CRM-1354-2024 in/and
CRM-M-38688-2019
Date of Decision: January 23, 2024
Sukhpal Singh ...Petitioner
Versus
State of Punjab and others ...Respondents
CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:- Mr. P.P.S. Tung, Advocate for the petitioner.
Mr. Amit Rana, Sr. DAG, Punjab.
DEEPAK GUPTA, J.(Oral)
CRM-1354-2024
For the reasons as mentioned in the application, the same is
allowed and the main case i.e. CRM-M-38688-2019 is pre-poned from
23.04.2024 for today itself and is taken on Board for hearing.
Main Case
By way this petition under Section 482 Cr.P.C. petitioner
prayed to quash FIR No.95/97 dated 25.10.1997, under Section 25 of
Arms Act, 1959, besides Sections 4 and 5 of the Explosive Act,
registered at Police Station Sultanwind, District Amritsar alongwith
subsequent proceedings arising out of the same.
2. Learned counsel has contended that FIR was registered way
back in 1997. A period of more than 25 years has lapsed, but
investigation qua petitioner is not completed till date. Learned counsel
further submits that police had earlier moved an application on
21.12.2001 (Annexure P2) for discharge of the petitioner on the plea that
nothing had been recovered from the petitioner and so, challan could not
be prepared, but till date even that application has not been disposed of.
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3. Status report by way of affidavit dated 28.10.2020 of Shri
Mangal Singh, Assistant Commissioner of Police, South, Amritsar City
has been filed on behalf of respondent Nos.1 to 3, which would reveal
that FIR in question was registered on the complaint of Inspector Udham
Singh, as per which Satnam Singh (co-accused) had suffered a disclosure
statement to the effect that he had been handed over a consignment of 07
packets containing explosive material and poisonous substance after
getting it smuggled from Pakistan and that he (Satnam Singh) had handed
over the some of the articles to petitioner - Sukhpal Singh, who had
come to Amritsar. Petitioner was arrested on 10.11.1997 by Inspector
Udham Singh and on the basis of disclosure statement suffered by him,
consignment of illegal weapons and explosive material was recovered
from the sugarcane fields of the petitioner, situated at village Naranwal
Khurd in the presence of local police, Police Station Dehlon, District
Ludhiana. Since recovery was falling in the jurisdiction of Police Station
Delhon, District Ludhiana, so a separate FIR No.75 dated 11.11.1997 was
registered at Police Station Dehlon, District Ludhiana, against the
petitioner. Challan of the case was prepared on 15.03.1999 against co-
accused Satnam Singh. However, nothing is mentioned regarding the role
or status of the investigation qua the present petitioner nor the case diary
is available in the police station in this regard.
4. Status report further reveals that Satnam Singh (co-accused)
was convicted for 07 years imprisonment on 12.07.2004 by the Court of
learned Addl. Sessions Judge, Amritsar, but again there is no mention
about the petitioner in the order passed by the Trial Court. Status report
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further says that Investigating Officer had moved an application to the
Copying Agency of Sessions Court, Amritsar on 04.01.2020 to obtain the
copy of the report under Section 173 Cr.P.C. of the present case and the
judgment dated 12.07.2004, but the same were not provided and it was
reported by the Superintendent of District and Sessions Judge, Amritsar
that file had been destroyed by General No.3372/2004. Copy of the
application and the report are Annexures R-2/T and R-3/T.
5. The status report concludes that though petitioner was
arrested on 25.10.1997 in the present case, but there is nothing on record
in the police file with regard to the status of the petitioner as to whether
he was challaned or not, or as to whether he was discharged or
convicted/acquitted or not.
6. Learned counsel for the petitioner has drawn attention
towards Annexure P-2, which was an application moved by the police
before learned Judicial Magistrate 1st Class, Amritsar, way back on
21.12.2001, so as to discharge the petitioner. As per this application, as
after recovery from the petitioner, separate FIR No.75 dated 11.11.1997
under Section 25 of the Arms Act, besides Sections 4 and 5 of the
Explosive Act was registered at Police Station Dehlon, District Ludhiana,
the case was being heard by learned Magistrate, Ludhiana and nothing
had been recovered from the petitioner in the present case. It is contended
further that petitioner has already been acquitted in case FIR No.75 dated
11.11.1997, under Section 25 of the Arms Act, besides Sections 4 & 5 of
the Explosive Act, registered at Police Station Dehlon, District Ludhiana,
vide judgment dated 05.03.2011 (Annexure P-4), as is referred in the
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status report as well as in the discharge report.
7. Having regard to all the aforesaid facts and circumstances as
are borne out from the status report filed by the respondent-State and the
discharge application (Annexure P-2), continuation of the present
proceedings in case FIR No.95/97 dated 25.10.1997 registered at Police
Station Sultanwind, District Amritsar shall be just miscarriage of justice.
Record is not available anywhere, neither in the police station nor with
the Court at Amritsar. Petitioner has already been acquitted in case FIR
No.75 dated 11.11.1997, under Section 25 of the Arms Act, besides
Sections 4 & 5 of the Explosive Act, registered at Police Station Dehlon,
District Ludhiana, vide judgment dated 05.03.2011 (Annexure P-4), as is
referred in the status report as well as in the discharge report. The sword
of pendency of criminal matter is hanging on the head of the petitioner.
8. Consequently, present petition is allowed. FIR No.95/97
dated 25.10.1997, under Section 25 of Arms Act, 1959, besides Sections
4 and 5 of the Explosive Act, registered at Police Station Sultanwind,
District Amritsar alongwith subsequent proceedings arising out of the
same, qua the petitioner stand quashed.
Allowed.
January 23, 2024 (DEEPAK GUPTA)
sarita JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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