ARYAN SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Both the above-mentioned petitions shall be disposed of by this common Prayer made in the above mentioned petitions is for quashing of the FIR No.RC0512020S0001 dtd. 29/4/2020 registered at Police Station State Grime Branch, Chandigarh under Ss. 452, 323, 365, 342, 186, 225, 506 and 120-B IPC (earlier registered as FIR No.195 dtd. 30/8/2014 under Ss. 452, 323, 365, 342, 225, 186, 506, 120-B IPC at Police Station Phase-1, Mohali) as well as all the subsequent proceedings arising out of the same.

(2.) Learned Senior Counsel appearing for the petitioner-Gautam Cheema submits that initially, FIR No.195 dtd. 30/8/2019 was got registered by ASI Dilbagh Singh at Police Station Phase-I, Mohali against petitioner- Gautam Cheema, the then Inspector General of Police, one Ajay |Chaudhary and two unknown persons with the allegations that on 26/8/2014 at about 10.45 p.m. he was the duty officer when HC Ramesh Kumar brought a person in the Police Station. He disclosed his name as Sumedh Gulati resident of Mohali and he was a proclaimed offender in FIR No.62 dtd. 23/3/2014 under Ss. 420, 467, 468, 471 and 120-B IPC registered at Police Station Phase-I, Mohali. When ASI Dilbagh Singh started interrogating him, in the meantime, petitioner- Gautam Cheema, along with Ajay Chaudhary and two unidentified persons came at Police Station in a private car and after disclosing his identity took Sumedh Gulati with him. ASI Dilbagh Singh followed him and they reached Max Hospital, Mohali, where he saw that petitioner-Gautam Cheema, along with 3-4 persons, were present in Room No.2202, where one Kricpy Khera wife of Devinder Singh Gill was admitted.

(3.) Later on, from the statements of other witnesses, he came to know that the petitioner forcibly took him there and extended threat and gave slap and also issued threat to Kricpy Khera wife of Devinder Singh Gill to withdraw the complaints against him. Thereafter, ASI Dilbagh Singh rescued him and brought him back to the Police Station and arrested him as per rules vide DDR No.48 dtd. 26/8/2014. On the basis of his complaint, FIR No.195 under Ss. 452, 323, 365, 342, 225, 186, 506 and 120-B IPC was registered against petitioner-Gautam Cheema, Ajay Chaudhary and two unidentified persons.