TARANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Challenge in this petition is to the order dated 17.08.2016 passed by the Additional Sessions Judge, Ferozepur, whereby charges under Sections 384, 506, 115, 120-B Penal Code and Sec. 25 of Arms Act have been framed against the accused-petitioner in case FIR No.109 dated 16.04.2014, registered at Police Station, Sadar, Ferozepur.

(2.) Brief facts of the case are that on account of matrimonial dispute between Tarandeep Singh-petitioner and Amandeep Kaur, FIR No.35 dated 28.01.2014, under Sections 307, 342, 406, 498-A, 506, 120-B Penal Code was registered at Police Station, Sadar, Ferozepur. After registration of the FIR, Tarandeep Singh filed CWP-2368-2014 before this Court seeking direction to entrust the investigation to an independent investigating agency like C.B.I., as Varinder Pal Singh, father of complainant Amandeep Kaur, was well connected with the high ranked police officers/officials. The said writ petition was disposed of by this Court vide order dated 17.04.2014 by referring the matter to the Mediation and Conciliation Centre for an out of Court settlement. Thereafter, petitioner filed LPA No. 630 of 2014, which was disposed of by a Division Bench of this Court vide order dated 22.04.2014 and a direction was given to the Director General of Police, Punjab, to look into the matter and ensure an independent investigation in the matter.

(3.) After coming to know about the present case i.e. FIR No.109 dated 16.04.2014, under Sections 384, 115, 506, 120-B Penal Code and Sec. 25 of Arms Act, the petitioner made an application for modification of the order dated 22.04.2014 passed by this Court. On this application, vide order dated 04.07.2014, a direction was given that whichever FIRs are registered inter se parties arising from the matrimonial dispute, will be dealt with only by the Special Investigating Team (SIT), which had been constituted on 03.05.2014. On 11.07.2014, another order was passed, whereby the Additional Director General of Police (Crime) was directed to supervise the investigation(s) and ensure free, fair and impartial investigation(s). On 17.07.2014, the aforesaid LPA was finally disposed of by observing that all the cases between the parties stood transferred to the Special Investigating Team (SIT), and the Senior Superintendent of Police, Ferozepur, had directed all the officers that in future, if, any complaint is filed, the same might be forwarded to the SIT for its consideration.