JATINDER MOHAN @ KUKOO PARDHAN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AN incident occurred in Ferozepur City on 01.12.2010. One Kulwant Singh made a statement before the police that he alongwith his son Inderjit Singh was standing at the gate of their house at 4.30 P.M. At that time three persons namely, Jitender Mohan alias Kuku, Charan Dass Handa and Surjit Singh alias Sita came there. They started hurling abuses at the complainant and his son. Jitender Mohan alias Kuku was armed with a revolver. As complainant protested, Charan Dass raised a Lalkara exhorting other accused to teach them a lesson. On this, Surjit Singh alias Sita pushed the complainant. Jitender Mohan alias Kuku fired two shots at the complainant, which hit his left bicep and right flank. After this, accused fled from the scene. Motive of the crime was stated to be certain property dispute. Jitender Mohan had purchased 36 Marlas of land out of 84 Marlas adjoining the house of complainant. However, they wanted to take possession of entire property. On this complaint, FIR under section 307/34 IPC and sections 25/27/54 of the Arms Act was registered. On 4.12.2010 complainant succumbed to the injuries suffered by him. Thus, offence under section 307 IPC was converted to Section 302 IPC. As the accused could not be apprehended by the investigating officer, proceedings under section 82 Cr.P.C. were initiated. On 28.4.2011, court directed the accused to be present before it on 7.5.2011. As the accused failed to appear, they were declared proclaimed offenders. In the instant petition, petitioners have sought quashing of FIR as well as orders Annexures P -7 and P -12 declaring them proclaimed offenders.

(2.) LEARNED counsel for the petitioners has vehemently argued that the various inquiries were conducted during the pendency of the case. The accused were found innocent. As a result, supplementary challan under section 173 (8) Cr.P.C. was submitted before the court exonerating the petitioners. However, they are still shown to be proclaimed offenders. In view of the cancellation report, orders declaring them as proclaimed offenders deserve to be set -aside.

(3.) THEREAFTER , Dr. Kaustubh Sharma, IPS, vide his DO letter dated 21.3.2011 wrote to Additional Director General of Police, Punjab that on receipt of information regarding the occurrence, he alongwith Superintendent of Police (Detective) and Deputy Superintendent of Police, Ferozepur had visited the place of occurrence. On the spot interrogation was carried out by him. Several persons named the petitioners as responsible for the crime. He, thus, requested that inquiry report of Superintendent of Police (Detective), Moga be reconsidered. However, in response to the DO letter dated 21.3.2011 written by Dr. Kaustubh Sharma, then Senior Superintendent of Police, Ferozepur, he received a reply from Additional Director General of Police, Punjab that matter had been re -examined and approved by Director General of Police, Punjab. He may, however, carry out further investigation under his own supervision. Dr. Kaustubh Sharma thereafter constituted a Special Investigation Team under the supervision of Superintendent of Police (Detective), Ferozepur consisting of Incharge, CIA Staff, Ferozepur and SHO, Police Station Ferozepur City, Ferozepur to investigate the case and arrest the accused. As the accused kept on evading arrest, proceedings under section 82 was initiated. They were declared proclaimed offenders by the court of Chief Judicial Magistrate, Ferozepur on 7.5.2011. Challan was, thus, prepared on 13.6.2011 and submitted before the trial court on 21.6.2011. However, on 23.11.2011, a supplementary challan under section 173 (8) Cr.P.C. was submitted before the Chief Judicial Magistrate, Ferozepur showing all the three accused as innocent on the basis of inquiry conducted by Superintendent of Police (Detective), Moga placing names of all accused in column No.2 of the final report.