BALWINDER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) NOBODY has given appearance on behalf of respondent No. 1 and respondent No. 4 are proceeded against ex parte as before.

(2.) SHRI Balwinder Singh has filed the present petition under Section 482, Cr.P.C., seeking directions of this Court against respondents No. 2 and 3 by making allegations that in spite of the fact that cognizable offence had been committed by Karnail Singh, Respondent No. 4 and his companions, respondents Nos. 2 and 3 are siding with them, as a result of which the genuine allegations of the petitioner have not been investigated.

(3.) DELAY per se has never been considered as fatal in criminal proceedings. What is the effect of delay, that will be seen by the trial Court on merit. At this juncture the concern of this Court is that let the investigation may go on for the offence committed against the petitioner, muchless the cognizable, which cannot die or sink deep into the sea, by any person, howsoever high in position he may be. This Court also does not want to encourage by ordering straighaway registration of the case against respondent No. 4 and his companions on the simple reason that he approached this Court after considerable delay.