HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition is filed to direct the respondents to comply with the orders, passed by the learned Additional Chief Judicial Magistrate, Patiala, dated 25.6.1999 whereby he directed an investigation into the averments made in the complaint under Section 156(3) of the Code of Criminal Procedure.

(2.) ACCORDING to the reply, on 20.6.1999, Inspector Devinder Singh who is also SHO Police Station Kotwali, Nabha received a secret information that one Jasbir Singh son of Harbans Singh and one Kala Singh and 5 others were selling poppy husk near Mehas Bir. On the said information a case was registered in FIR No. 37 dated 20.6.1999 and the Police Party proceeded and reached Mehas Bir and found Jasbir Singh, Kala Singh and others at the place. On seeing the police party, accused started running away. Then the police chased the accused and also sent a message to Police Lines Patiala. Meanwhile ASI Ram Avtar along with other police officials reached and joined the police party headed by Inspector Devinder Singh. When Constable Jasbir Singh tried to catch hold of one of the smugglers, he caused the injury to the constable. It is further alleged that the horses on which the Police Party went were also injured. It is also averred that one of the smugglers fired a shot from .12 born gun to save the co-smugglers from Police Constable Jasbir Singh which hit the smuggler in the right shoulder and in the meantime smugglers escaped. Thereupon a case was registered in FIR No. 235 dated 20.6.1999 for the offences under Sections 307/148/149, IPC, 25/27/54/59 of the Arms Act and 15/61/85 of the Narcotic Drugs and Psychotropic Substances Act against Kala Singh, Jasbir Singh and other accused persons. It is also stated that the poppy husk and gandasi were recovered from one of the injured smugglers namely Jajwinder Singh and that injured person was taken to Rajindra Hospital where he was declared as brought dead. It was also averred that a sum of Rs. 7,100/- were recovered from Jajwinder Singh. It is also averred in the reply that there are several cases pending against him.

(3.) THUS while according to Police Jasbir Singh and others were selling poppy husk, the Police party went to the place and when they tried to catch them, the accused tried to run away and the police chased them and in that process one of the Constables was injured and one Jajwinder Singh was killed and two of the mares used by the Police Officials had died and some others have sustained injuries whereas it is the case of the petitioners that Jajwinder Singh and others have been taken into police custody on 18.6.1999 and Jajwinder Singh was killed in a false encounter and in regard to the same they filed a complaint before the Additional Chief Judicial Magistrate, Patiala on 25.6.1999 and the Additional Chief Judicial Magistrate, Patiala referred the complaint to the police under Section 156(3) of the Code of Criminal Procedure by order dated 28.6.1999. Thus, there is a version and cross-version. According to the learned Public Prosecutor the private complaint was filed to set up defence.