RANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The prayer in the present petition under Sec. 482 Cr.P.C. is for quashing of the order dtd. 5/8/2017 (Annexure P-10) passed by the learned Additional Chief Judicial Magistrate, Bathinda, quashing of the Criminal Complaint No.COM1/196/2017 dtd. 18/8/2017 pending before the learned Judicial Magistrate, 1st Class, Bathinda under Sec. 177 of the IPC, read with Ss. 195 and 340 Cr.P.C. (Annexure P-11), the summoning order dtd. 23/8/2017 (Annexure P-12) and all subsequent proceedings arising therefrom.

(2.) The brief facts emanating from the present petition are that an FIR No.188 dtd. 19/11/2015 was registered at Police Station Canal Colony, Bathinda under Ss. 452, 323, 427, 148, 149 of the Indian Penal Code, against Jagmit Singh son of Atma Singh and others. Jagmit Singh moved an application for anticipatory bail before the learned Sessions Judge, Bathinda and the application came up for hearing before the learned Additional Sessions Judge, Bathinda on 5/11/2016 on which date ad interim bail was granted to Jagmit Singh and he was directed to join investigation within three days. Thereafter, the order granting interim anticipatory bail was confirmed by the Court vide order dtd. 6/2/2016. A copy of the order dtd. 6/2/2016 is annexed as Annexure P-1 to the petition.

(3.) Initially, the investigation of the aforementioned FIR was being conducted by ASI Ramesh Masih and thereafter, the file remained with the Vigilance Bureau. The petitioner-ASI Ranjit Singh is said to have been entrusted with the file on 22/9/2016 as per the case file. Be that as it may, the challan in the present case was prepared and the report under Sec. 173 Cr.P.C. was finalized by the SHO, Police Station Canal Colony, Bathinda on 9/12/2016, where it was specifically noticed that accused Jagmit Singh was yet to be arrested and proceedings for getting him declared a proclaimed offender were being initiated. The extract of the challan is annexed as Annexure P-2 to the petition. The challan was finally presented on 19/5/2017.