GURDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners assail order dtd. 5/3/2018 passed by the Special Judge, Bathinda vide which the learned Court, while accepting an application under Sec. 319 Cr.P.C. filed by the complainant, ordered for summoning of the petitioners Gurdev Singh Bhalla (Inspector, Punjab Police), Janak Singh (DSP, Punjab Police), Head Constable Harjinder Singh and Head Constable Rajwant Singh so as to face trial as additional accused in a case arising out of FIR No. 11 dtd. 11/9/2013 registered under Ss. 7, 13(2) of the Prevention of Corruption Act, 1988 and Ss. 166, 385 IPC at Police Station Vigilance Bureau, Bathinda.

(2.) A few facts relevant to notice are that one FIR i.e. FIR No.91 dtd. 18/12/2012 was registered at Police Station Phul, Bathinda under Ss. 380, 406, 409, 420, 457 IPC and Ss. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act wherein Dev Raj Miglani (father of the present complainant) was implicated. Subsequently, Dev Raj Miglani's son (present complainant) and daughter levelled allegations against police officials to the effect that they were demanding illegal gratification to spare their father, namely, Dev Raj Miglani from torture and to release him. Consequently, based on such allegations, the instant FIR No. 11 dtd. 11/9/2013 came to be registered. After completion of investigation, only one police official namely Head Constable Kikkar Singh was nominated as accused and is facing trial. Statement of the complainant namely Puneet Miglani was recorded before the trial Court as PW-1 and in which he specifically named the petitioners to be also involved in the matter. He specifically deposed that on 3/9/2013, the complainant alongwith his sister went to the office of DSP Janak Singh at Bathinda and wherein police officials/petitioners were present and whereupon father of the complainant namely Dev Raj Miglani was produced and a sum of Rs.24.00 lacs was demanded as bribe to spare accused Dev Raj Miglani from torture and to release him.

(3.) The relevant facts, as the case proceeded further, are briefly stated herein-under chronologically :- <FRM>JUDGEMENT_142_LAWS(P&H)3_2023_1.html</FRM>