HARJOT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.0213 dated 09.09.2017 under Sections 376 / 506 IPC, registered at Police Station Shimlapuri, District Ludhiana.

(2.) It is submitted that thereafter a complaint dated 01.02.2017 was moved by the complainant before the Commissioner of Police, Ludhiana seeking registration of FIR under Sections 376 / 354 / 323 / 506 IPC against the present petitioner. The said complaint was inquired into by the Assistant Commissioner of Police, Ludhiana and allegations therein against the petitioner were found to be incorrect as is reflected in Inquiry Report dated 28.03.2017 (Annexure P2). However, without disclosing the submission of an earlier complaint, the present FIR has been registered on 09.09.2017 against the petitioner. The petitioner, who is not involved in any other criminal case, has joined investigation pursuant to order dated 25.10.2017. He undertakes to face the proceedings and not misuse the concession of anticipatory bail, if confirmed. Therefore, it is prayed that this petition be allowed.

(3.) Learned counsel for the complainant submits that the police authorities are in connivance with the petitioner and are not investigating the matter fairly. The complainant had filed CRM No.M-23596 of 2017 for issuance of directions to the police authorities for concluding the inquiry in respect to her representation dated 01.02.2017. She was not given a copy of the report despite specific requests as well as the application moved under the Right to Information Act . The FIR against the petitioner, it is submitted, has been correctly registered. However, it is not denied that in the abovesaid FIR there is no mention of the earlier application dated 01.02.2017 submitted by her or pendency of CRM No.M-23596 of 2017 before this Court. It is further not denied that the complainant was employed with the petitioner's firm.