CHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner Charan Singh, the relative of accused Surjit Singh involved in FIR No. 191 dated 25.12.1996 Police Station Dharamkot, District Ferozepur prays for handling of investigation of the said FIR case to some other officer under Section 173(8) Cr.P.C. to meet the ends of justice. The respondents in this case are State of Punjab through Secretary Home Department, Punjab Chandigarh and S.S.P. Ferozepur.

(2.) THE contention of the petitioner in short is that he is related to one Surjit Singh and are permanent resident of Village Pipli, Tehsil Shahkot, Distt. Jalandhar. On 25.12.1996, SHO along with other police personnel at about 4.00 P.M. came in Gypsy car and took the accused with them. Surjit Singh aforesaid was irrigating his fields at that time and the house of petitioner is situated in the said fields. Surjit Singh was tortured and harassed at the hands of the police. Nothing was recovered from the accused when taken in custody and later on the recovery was planted to him. A letter was sent from the jail by the accused stating that actually recovery was effected from one Shri Tahal Singh resident of Village Rewara, P.S. Dharamkot. It was alleged that the police had taken Rs. 15,000/- from Taha1 Singh as a price for releasing him in this case despite recovery made from him and false recovery was planted on the accused. Reference has been made to an enquiry conducted by some DSP who had found the accused to be innocent and the SHO at fault. It was urged that in this case fair investigation was not conducted.

(3.) THE main ground for seeking further investigation under Section 173(8) Cr.P.C. is that the police after accepting an illegal gratification of Rs. 15,000/- from one Tahal Singh from whom recovery of 38 Kg. Poppy Husk was made let him off and falsely implicated Surjit Singh, a relative of the petitioner Charan Singh in this case by falsely planting 38 Kg. of Poppy Husk. The other ground is that a Dy.S.P. conducted some enquiry into this case and found accused Surjit Singh innocent and the SHO of the concerned Police Station at fault. A perusal of the reply filed by the Dy. S.P. Zira will categorically go to show that the conduct of an enquiry by Dy.S.P. Zira in which accused Surjit Sigh was found innocent has been categorically denied. Along with written statement filed by Dy.S.P., Annexure R2/T dated 21.6.1997 has been annexed which is a communication from the Superintendent of Police, Ferozepur to the Senior Superintendent of Police, Ferozepur regarding verification of application No. 7PC. DC, dated 14.2.1997 from Sukhwinder Kaur wife of Surjit Singh resident of Pipli wherein it was reported as under :-