IMPORTANT POINT
Grant of sanction under Section 197 of Cr.P.C.can be assailed by accused by taking recourse to judicial review.

JUDGMENT :

Jagdish Singh Khehar, J.

1. Leave granted.

2. Surinderjit Singh Mand and P.S. Parmar, the appellants before this Court, while holding the rank of Deputy Superintendent of Police, were posted in District Kapurthala, in the State of Punjab, during the relevant period in 1999. Piara Lal (holding the rank of Assistant Sub-Inspector), was also posted at Kapurthala, at the same time. The above mentioned Piara Lal’s son -Neeraj Kumar was officially arrested on 28.06.1999. The arrest of Neeraj Kumar, was made in furtherance of a First Information Report bearing No.30, which was registered at Police Station City, Kapurthala on 03.03.1999. Before the arrest of Neeraj Kumar, his father Piara Lal was placed under suspension on 10.06.1999. The aforesaid FIR No.30, we were informed, was in respect of complaints made by residents of Kapurthala, pertaining to theft of motorcycles and other vehicles in the city.

3. It was pointed out, that while investigating into the allegations contained in the complaint dated 03.03.1999, three persons including Neeraj Kumar were arrested on 28.06.1999. Neeraj Kumar was granted bail on 30.06.1999. In the above view of the matter, it is apparent that Neeraj Kumar had remained in jail for just about two/three days (from 28.06.1999 to 30.06.1999). Usha Rani-mother of Neeraj Kumar (detained during the investigation of FIR No. 30), filed a representation asserting, that her son had been detained on 24.06.1999 (and not on 28.06.1999, as alleged). That would make the duration of his arrest as of six/seven days. The present controversy pertains to the additional four/five days of the arrest of Neeraj Kumar. Her complaint highlighted, that her son – Neeraj Kumar was apprehended illegally and unauthorisedly for the period from 24.06.1999 to 28.06.1999 i.e., for four/five days.

4. Investigation into the complaint made by Usha Rani, was directed to be conducted in the first instance, by Munish Chawla, IPS. In the report submitted by him, it was concluded, that the charge levelled by the mother of Neeraj Kumar, could not be substantiated. Yet again, based on the accusations levelled by Usha Rani, another investigation was ordered. This time, it was required to be conducted by M.F. Farooqi, IPS. Yet again, in the second enquiry, it was concluded, that there was no material to establish that Neeraj Kumar had been in police detention from 24.06.1999 onwards, till his formal arrest on 28.06.1999. Despite the two reports submitted by two senior police officers, wherein it was found that there was no substance in the allegations leveled by Usha Rani, Gurpreet Deo, IPS, at her own, investigated into the matter. She too arrived at the same conclusion, that there was no substance in the claim of Usha Rani, that her son had been illegally and unauthorisedly detained by police personnel, prior to his formal arrest on 28.06.1999.

5. Usha Rani (mother of Neeraj Kumar) made another written complaint, this time to the Hon'ble Administrative Judge (a sitting Judge of the Punjab and Haryana High Court) having charge of Sessions Division, Kapurthala, on 01.10.1999. In her complaint, she reiterated, that her son Neeraj Kumar had been illegally detained by police personnel, on 24.06.1999. The Hon'ble Administrative Judge marked the complaint, dated 01.10.1999, to an Additional District and Sessions Judge, posted in the Sessions Division of Kapurthala, requiring him to look into the matter. On 25.09.2000, the concerned Additional District and Sessions Judge, Kapurthala, submitted a report concluding, that Neeraj Kumar had been falsely implicated, because he and some other accused had been discharged by a Court, from the proceedings initiated against them. Based on the aforesaid report dated 25.09.2000, First Information Report bearing No.46, came to be registered at Police Station City Kapurthala, on 22.10.2002.

6. After completion of police investigation in the above FIR No. 46, a chargesheet was filed against six police officials, in t