The challenge by means of this appeal is to an order dated 23rd March, 2023 passed by the High Court of Punjab and Haryana at Chandigarh whereby the Criminal Revision filed by the appellant against the order of the Special Judge, Bathinda dated 05.03.2018 allowing the application under Section 319 of the Code of Criminal Procedure, 1973[Cr.P.C.] summoning the appellant along with three other officials of the Police Department has been dismissed. (Para 2)
The Trial Court, vide order dated 08.09.2016 rejected the said application on the ground of lack of sanction under the PC Act as also Cr.P.C. The said order was challenged before the High Court successfully and the High Court, by order dated 23.01.2018, remanded the matter back to the Trial Court for passing a fresh order ignoring the issue of sanction. The High Court was of the view that no sanction was required. Pursuant to the remand, the Trial Court, by order dated 05.03.2018 allowed the application under Section 319 Cr.P.C. and summoned the four police officials, viz. (i) Janak Singh, Dy.S.P., (ii) Gurdev Sigh Bhalla,, Inspector (appellant), (iii) H.C. Harjinder Singh and (iv) H.C. Rajwant Singh. The said order of 05.03.2018 was challenged by the appellant before the High Court primarily on the following grounds by way of criminal revision (Para 4)
They also submitted that the appellant and other police officials had harassed and tortured not only Devraj while he was in custody but had also threatened and tortured the family members both mentally and physically in order to extract huge amount of money. Our attention was also drawn to the statements recorded under Section 161 Cr.P.C. during investigation as also before the Trial Court of the relevant witnesses. It was lastly prayed that the appeal be dismissed and the appellant and other police officials must face the trial for the crime committed by them. (Para 7)
Further argument of Mr. Agarwal that the informant moved the application under Section 319 Cr.P.C. on 29.09.2014 was a counterblast and with annoyance and vengeance as appellant had deposed against his father on the same day, has no legs to stand. It is factually incorrect. Informant PW 1 had given the same statement under Section 161 Cr.P.C. and also before the Trial Court on 26.05.2014 which was continued on 29.09.2014. (Para 11)
The argument advanced on behalf of the appellant with regard to brow-beating the appellant as he was the Investigating Officer against Devraj can be taken as a defence in the trial. (Para 12)
We have perused the statements under Section 161 Cr.P.C. as also the depositions of PW-1, PW-13 and PW-18. The parameters laid down in the Constitution Bench judgment in Hardeep Singh (supra) stand fully satisfied. We are refraining ourselves from commenting on the police report under Section 173(2) Cr.P.C. being submitted only charging Kikkar Singh to be sent for trial. (Para 13)
In view of the discussion made above, there appears to be prima facie evidence on record to make it a triable case as against the appellant. We, accordingly, are not inclined to interfere with the impugned order. Consequently, the appeal is dismissed. (Para 14)
SUPREME COURT OF INDIA
2024 STPL(Web) 22 SC
[2024 INSC 22]
Gurdev Singh Bhalla Vs. State Of Punjab & Ors
Criminal Appeal No. Of 2024 (Arising out of SLP(Crl.) No. 11654 of 2023-Decided on 05-01-2024.
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