RAJPAL SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This petition has been filed under Articles 226 and 227 of the Constitution of India praying for issuance of a writ in the nature of certiorari quashing list of allegations dated 22.04.2009 Annexure P-2 and charge sheet dated 07.08.2009 Annexure P-3 and proceedings flowing therefrom. In the alternative, prayer has been made that departmental proceedings be stayed till such time criminal case on the same allegations is pending against the petitioner. During the course of arguments, learned counsel for the petitioner has only stressed on the second prayer in regard to the stay of departmental proceedings initiated against the petitioner.

(2.) It has been pleaded that the petitioner was appointed as a Constable in Punjab Armed Police on 19.03.2002 on regular basis. On the night of 02.04.2009, as per the pleaded case of the petitioner in para No. 3 of the writ petition, petitioner was going on his motor cycle at about 9:00 p.m. in the locality of Model Town, Jalandhar for purchasing medicines. On the basis of mistaken identity, the people of the locality caught hold of the petitioner under the impression that the petitioner had snatched purse of a lady. Case of the petitioner is of denial. Be that as it may, FIR bearing No. 137 dated 02.04.2009 had been registered for committing an offence under Section 382. Copy of the FIR has been placed on record as Annexure P-1.

(3.) Perusal of the FIR indicates that Amrit Pal Singh lodged a complaint to the effect that his wife Surinder Kaur, after purchasing household articles, reached near the gate of the house in a rickshaw. The complainant Amrit Pal Singh also came near the gate to take hold of the household articles from the rickshaw. While wife of the complainant was giving fare money to the rickshaw puller, a clean shaven person came on a motor cycle from back side, snatched the purse of Smt. Surinder Kaur and ran away. Noise was raised whereupon people gathered. A young boy namely Dara Singh acting in a bold manner, caught hold of the thief on the motor cycle. The thief was caught with the motor cycle. Particulars of the motor cycle have been given in the FIR. The accused gave out his name as Rajpal Singh s/o Kishan Singh i.e. the petitioner.