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2016 Supreme(P&H) 2863
IN THE HIGH COURT OF PUNJAB AND HARYANA
Ritu Bahri, J.
Tarandeep Singh – Appellant
Versus
State of Punjab – Respondent
CRR No. 3385 of 2016
Decided On : 21-12-2016
For the Appellant :Mr. R.S. Rai, Senior Advocate with Mr. Anurag Arora, Advocate
For the Complainant :Mr. Pankaj Bhardwaj, Advocate
The main legal point established in the judgment is the requirement of prima facie evidence for framing charges and the limitations of the court's power to quash a charge-sheet.
Headnote:
Charges Framed - Criminal Law - IPC 384, 506, 115, 120-B and Arms Act 25 - The court discussed the legal provisions of IPC 384, 115, and 120-B, and the Arms Act 25, and their application in the case. The court emphasized the prima facie evidence required for framing charges and the limitations of the court's power to quash a charge-sheet.
Fact of the Case:
The case involved charges under IPC 384, 506, 115, 120-B, and Arms Act 25 against the accused-petitioner in a matrimonial dispute. The accused was alleged to have hired a contract killer to kill the complainant's father.
Finding of the Court:
The court found that a detailed investigation had been conducted by the prosecution before filing the challan, and a prima facie case was established, leading to the framing of charges against the accused.
Issues: The issues revolved around the interpretation of the legal provisions of IPC 384, 115, and 120-B, and the Arms Act 25, and the court's power to quash a charge-sheet.
Ratio Decidendi: The court emphasized the requirement of prima facie evidence for framing charges and the limitations of the court's power to quash a charge-sheet, as established in previous judicial decisions.
Final Decision: The petition was dismissed, affirming the framing of charges against the accused.
Ritu Bahri, J.
Challenge in this petition is to the order dated 17.08.2016 passed by the Additional Sessions Judge, Ferozepur, whereby charges under Sections 384, 506, 115, 120-B IPC and Section 25 of Arms Act have been framed against the accused-petitioner in case FIR No.109 dated 16.04.2014, registered at Police Station, Sadar, Ferozepur.
2. Brief facts of the case are that on account of matrimonial dispute between Tarandeep Singh-petitioner and Amandeep Kaur, FIR No.35 dated 28.01.2014, under Sections 307, 342, 406, 498-A, 506, 120-B IPC was registered at Police Station, Sadar, Ferozepur. After registration of the FIR, Tarandeep Singh filed CWP-2368-2014 before this Court seeking direction to entrust the investigation to an independent investigating agency like C.B.I., as Varinder Pal Singh, father of complainant Amandeep Kaur, was well connected with the high ranked police officers/officials. The said writ petition was disposed of by this Court vide order dated 17.04.2014 by referring the matter to the Mediation and Conciliation Centre for an out of Court settlement. Thereafter, petitioner filed LPA No. 630 of 2014, which was disposed of by a Division Bench of this Court vide order dated 22.04.2014 and a direction was given to the Director General of Police, Punjab, to look into the matter and ensure an independent investigation in the matter.
3. After coming to know about the present case i.e. FIR No.109 dated 16.04.2014, under Sections 384, 115, 506, 120-B IPC and Section 25 of Arms Act, the petitioner made an application for modification of the order dated 22.04.2014 passed by this Court. On this application, vide order dated 04.07.2014, a direction was given that whichever FIRs are registered inter se parties arising from the matrimonial dispute, will be dealt with only by the Special Investigating Team (SIT), which had been constituted on 03.05.2014. On 11.07.2014, another order was passed, whereby the Additional Director General of Police (Crime) was directed to supervise the investigations and ensure free, fair and impartial investigations. On 17.07.2014, the aforesaid LPA was finally disposed of by observing that all the cases between the parties stood transferred to the Special Investigating Team (SIT), and the Senior Superintendent of Police, Ferozepur, had directed all the officers that in future, if, any complaint is filed, the same might be forwarded to the SIT for its consideration.
4. Challan in the present case i.e. FIR No.109 dated 16.04.2014 was presented on 14.06.2014 (Annexure P-2) by the Station House Officer, Police Station, Sadar Ferozepur. Thereafter, vide order dated 17.08.2016, charges have been framed against the present petitioner.
5. As per challan (Annexure P-2), on 13.04.2014, at about 02:52 P.M., four phone calls were received from mobile phone No.086079-44627. Archna, wife of complainant, picked up the first phone call and the person speaking from the other side told his name as Angrej Singh from Mohali. Thereafter, four calls were received on the mobile phone of Amandeep, daughter of complainant, having No.98788-00002. However, she did not pick up the phone. When complainant-V.P. Singh came home in the evening, he called from his wife's phone at about 09:42 P.M. at the above mentioned number to enquire about the matter. The person from the other side told his name as Angrej Singh, resident of Mohali and he asked the complainant to come to Mohali in order to meet him. However, he told him that Tarandeep (petitioner) and Robin (driver of Tarandeep) had hired a contract killer to kill him. They had given the contract of killing for an amount of Rs.18,00,000/-, out of which, Rs.2,00,000/- had been paid in advance. Angrej Singh insisted the complainant to come to Chandigarh and thereafter, disconnected the phone. During conversation, he asked the complainant to withdraw FIR No.35 dated 28.01.2014, under Sections 307, 342, 406, 498-A, 506, 120-B IPC, registered at Police Station, Sadar, Fer
