LAWS(P&H)-2021-1-118

SUKHJINDER SINGH @ SUNNY Vs. STATE OF PUNJAB

Decided On January 04, 2021
Sukhjinder Singh @ Sunny Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this court under the provisions of Section 482 of the Code of Criminal Procedure, 1973, "read with Article 226 of the Constitution of India." The prayer made in this petition is to quash the final report submitted by a Special Investigation Team (SIT) of the Punjab Police to the learned Judicial Magistrate, Faridkot, on July 06, 2020, under the provisions of Section 173 of the Code of Criminal Procedure (pursuant to FIR no.63 of 2015 having been registered at Police Station Bajakhana, District Faridkot, on June 02, 2015, alleging therein the commission of offences punishable under Sections 295-A and 380 of the IPC). The petitioner further seeks quashing of the order passed by the learned Judicial Magistrate, First Class, (Duty Magistrate), Faridkot, in case No. CHI-178/2020, on the same date as the submission of the report, i.e. July 06, 2020 (copy Annexure P-15). Vide that order, notice has been ordered to be issued to the petitioner and his co-accused, Shakti Singh, (both of whom were admitted to bail earlier), to appear before that court on 20.07.2020, production warrants to the secure the presence of other accused who were in custody, also having been ordered to be issued.

(2.) As per the petitioner, the said order is illegal and unsustainable as the very same FIR no.63/2015, alongwith other such FIRs registered pertaining to similar incidents, is already "under investigation/further investigation" with the Central Bureau of Investigation (hereinafter to be referred to as the CBI or the Bureau), pursuant to the orders passed by the learned Special Judge (CBI), Punjab, at Mohali. Therefore, the petitioner contends that "investigation/proceedings" in the same FIR by two different agencies, i.e. the Punjab Police and the CBI, is not permissible. He further contends that the FIR in question registered at Police Station Bajakhana, District Faridkot, was so registered on the basis of a statement given by one Gora Singh who was working as a Granthi (Priest) in the Gurudwara Singh Sahib, village Burj Jawahar Singh Wala, District Faridkot, who stated that the Saroop (scripture) of the holy Shri Guru Granth Sahib Ji was missing from the Peera Sahib, i.e. the place of its rest, and that some unknown persons had stolen the Saroop (i.e. the holy book, Shri Guru Granth Sahib), which had outraged/hurt religious feelings. On that statement, the aforesaid FIR came to be registered on June 02,2015.

(3.) The petitioner further states in his petition that two other incidents of sacrilege also took place thereafter on September 24 and 25, 2015, with posters containing derogatory remarks etc. about the holy scripture (Shri Guru Granth Sahib) as also containing remarks against some Sikh religious leaders, found posted outside the Gumdwara managed by the Shiromani Gurdwara Parbandhak Committee (SGPC) in village Bargari, about 2 kms. from the village from where the holy book was stolen (Burj Jawahar Singh Wala). That having happened on September 24, thereafter on September 25 a similar poster was found posted outside the Gumdwara of village Burj Jawahar Singh Wala also. In respect of these two incidents, FIR no. 117 came to be registered at the same police station (Bajakhana, District Faridkot), on 25.09.2015, bearing FIR no. 117, alleging therein the commission of an offence punishable under Section 295-AoftheIPC. On 12.10.2015 another incident is stated to have happened (as per the petition) with some Angs (pages) of the holy book found strewn around the Gumdwara Sahib at Bargari. Some people are stated to have collected those torn pages which they took in a procession to the Kotkapura Crossing in Faridkot District, where they sat on a dharna later. During these protests, allegedly the police resorted to firing, in respect of which FIR no. 128 was registered on 12.10.2015 at the same police station (Bajakhana), alleging therein the commission of offences under Sections 295 and 120-BoftheIPC. [Though in the petition it is stated that the said FIR was registered on account of the firing incident, however a pemsal of the FIR itself shows that the allegations made therein are with regard to incidents of similar sacrilege, i.e. strewing/scattering of Angs of Shri Guru Granth Sahib, consequent upon which the offences that are alleged to have been committed are those punishable under Sections 295 and 120-B of the IPC. In fact, at the bar it was accepted by learned counsel appearing on all sides, including the State, that FIR no. 128 is also one relating to an incident of sacrilege.] Thus, three FIRs came to be registered in those 4 months approximately, from June 02, 2015 to October 12, 2015, the first pertaining to the theft of the holy scripture and the other two pertaining to alleged sacrilege thereof. The prayers made in the present petition, however, are only in respect of the report submitted by the Punjab Police qua FIR No. 63 of 2015 and the impugned order passed by the learned Magistrate, on 06.07.2020.