SARWAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have filed this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing of the order dated 12-3-2003 (Annexure P-14) passed by the learned Additional Sessions Judge. Ropar, whereby, while rejecting the cancellation report submitted by the police, a direction has been issued to file the challan in the Court.

(2.) The sole question involved in this petition is whether the Court can issue a direction to the police/investigating agency to file the challan in the Court while rejecting the cancellation report submitted by the police.

(3.) The brief facts of the case are that on 7-1-2000, a dead body was found floating in the village, Khad which was spotted by the inhabitants of the village. Petitioner No. 1, who was an ex-Sarpanch and whose daughter-in-law was the Sarpanch of the village, lodged a DDR to the police regarding the aforesaid dead body. Later on, respondent No. 2 (hereinafter referred to as 'the complainant') made a complaint to the Director General of Police alleging therein that the dead body was of the servant of petitioner Nos. 1 to 3 (petitioner Nos. 2 and 3 are the sons of petitioner No. 1) and they had done him to death along with petitioner No. 4, who is son of another Panch of the village. On the said complaint, FIR No. 43 dated 11-4-2000 under Sections 302/148 and 149, IPC was registered against the petitioners. In the said case, the investigation was done by the S.H.O. and D.S.P. of the area, and according to the said investigation, there was sufficient material for filing challan against the petitioners. However, during the said investigation, daughter-in-law of petitioner No. 1 represented to the Chief Minister and Director General of Police alleging that due to political rivalry in the village and due to the fact that petitioner No. 1 was a witness in a case against the complainant in FIR No. 32vdated 22-4-1999 under Sections 302/307/323/148 and 149, IPC, in which nine persons were arrayed as accused including the real brother of the complainant, a false case was got registered against the petitioners at the instance of the complainant in connivance with the local police. Therefore, a request was made that the matter be got re-investigated by the higher police officers. On that representation, the investigation was got done by the Additional Inspector General of Police.