GURMIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) JAGTAR Singh of Labh Singh resident of village Nohra, was alleged to have caused Gandasa injury to Jagtar Singh on 1.10.1990. The injured was admitted to Primary Health Centre, Bhadson, and a case was registered and investigated for the offences under section 452/324/336 of the Indian Penal Code. Challan has been presented against the aforesaid Jagtar Singh and evidence is also being recorded in the Court of Judicial Magistrate I Class, Nabha.

(2.) JAGTAR Singh had been approaching the Superintendent of Police, Patiala, that he was not at all the assailant. This version was investigated by Shri Anand Kumar Sharma, Deputy Superintendent of Police, Nabha and also by Shri Ishwar Chand Sharma, another Deputy Superintendent of Police of the aforesaid district and it appears that after own satisfaction of the Superintendent of Police, Patiala, it has been proposed to prosecute Gurmeet Singh, Assistant Sub-Inspector of Police, under section 120-B/167/218 of the Indian Penal Code.

(3.) ON behalf of the petitioner, it has been argued that the two Deputy Superintendents of Police, have held the investigation behind the back of the present petitioner and it is on account of some political influence which weighed on the police officers and that the requirement of the Punjab Police Rules, has not been adhered to. Sub-rules (1) and (2) of Rule 16.38 are reproduced as under :