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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Inderjit Singh, J.
H.C. Raj Kumar and Others – Appellants
Versus
State of Punjab and Another – Respondents
CRM Nos. M-5170, M-12486, M-44860 of 2018, CRR No. 1411 of 2018
Decided On : 20-05-2019
Criminal Complaint - Quashing - Sections 302, 341, 201, 148, 149 and 506 IPC - Summary
Fact of the Case:
The case involved a criminal complaint filed against several police officials for the murder of the complainant's uncle in an alleged fake encounter. The complainant alleged that the accused police officials surrounded the victim's car, opened fire from all directions, and subsequently fabricated evidence to cover up the incident.
Finding of the Court:
The court found that a prima facie case was made out against the accused, and there was no ground to quash the complaint or set aside the charges. The court also noted the presence of preliminary evidence, SIT report, and CCTV footage, and emphasized that the trial court's role was to establish a prima facie case at the time of framing charges.
Issues: The issues revolved around the authenticity of the complaint, the presence of the accused at the scene, and the alleged fabrication of evidence by the police officials.
Ratio Decidendi: The court emphasized that the trial court's role at the time of framing charges was not to weigh or appreciate the evidence minutely but to establish a prima facie case. It also highlighted the importance of preliminary evidence, SIT report, and CCTV footage in determining the authenticity of the complaint.
Final Decision: The court dismissed the petitions filed by the accused police officials and allowed the petition filed by DCP Parampal Singh, quashing the criminal complaint and subsequent proceedings against him.
JUDGMENT :
Inderjit Singh, J.
1. All the above-mentioned cases are taken up together as these have arisen from same complaint and subject matter is also the same.
2. Petitioner H.C. Raj Kumar has filed CRM No. M-12486 of 2018 under Section 482 Cr.P.C. for quashing the criminal complaint No. 112 dated 23.02.2016 under Sections 302, 341, 201, 148, 149 and 506 IPC, summoning order dated 17.08.2017 passed by learned JMIC, Amritsar and order dated 02.08.2017 passed by learned Addl. Sessions Judge, Amritsar.
3. Petitioner DCP Parampal Singh has also filed CRM No. M-5170 of 2018 under Section 482 Cr.P.C. for quashing the aforesaid criminal complaint, summoning order dated 17.08.2017 and judgment dated 25.01.2018 passed by learned Addl. Sessions Judge, Amritsar, whereby, the revision petition against the summoning order has been dismissed.
4. Petitioners Sub Inspector Ramesh Kumar and others have filed this revision petition challenging the order dated 22.03.2018 passed by learned Addl. Sessions Judge, Amritsar, whereby charges have been framed against the petitioners.
5. Petitioner Princepal Singh has filed CRM No. M-44860 of 2018 under Section 482 Cr.P.C. for issuance of directions to respondents No. 1 to 3 for conducting high level enquiry into the matter/complaint dated 19.06.2018 and for taking appropriate legal action against respondents No. 5 and 6 and concerned police officials for fabricating documents/ record and for forging signatures of the petitioner and his uncle Sukhdev Singh, in order to help the accused police officials, who have committed murder of petitioner's uncle namely Mukhjit Singh alias Mukha.
6. Notice of motion was issued in each case. Learned State counsel as well as learned counsel for the respective respondents appeared and contested the petitions.
7. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record.
8. The perusal of the record shows that Princepal Singh filed a complaint against accused No. 1 SI Ramesh Kumar, No. 2 HC Rajesh Kumar, No. 3 ASI Joginder Singh, No. 4 HC Jasbir Singh, No. 5 HC Sandeep Kumar, No. 6 Constable Navjot Singh, No. 7 Ranbir Singh, No. 8 HC Raj Kumar, No. 9 Constable Satinder Singh and No. 10 DCP Parampal Singh under Sections 302, 341, 201, 148, 149 and 506 IPC. The brief facts of the case as noted down in the impugned order dated 17.08.2017 passed by learned JMIC, Amritsar, are as under:-
"1. Heard. File perused. Complainant has moved complaint under sections 302/341/201/ 148/149/506 of IPC and alleged that the complainant is nephew of Mukhjit Singh @ Mukha, since deceased, who was murdered by accused No. 1 to 9 and accused No. 10 helped in disappearance of evidence of crime against accused No. 1 to 9. Mukhjit Singh @ Mukha aged about 38 years was eminent leader of Akali Dal Badal Party. On 16.06.2015 at about 6.30 PM complainant along with his relative Sukhdev Singh was coming from village Pandher to Verka on motorcycle. Deceased Mukhjit Singh @ Mukha was going on his I-20 Car make Hyundai to Mudal side and when he reached near NRC Rubber Factory at Verka, he noticed complainant and his relative Sukhdev Singh coming on motocycle, deceased Mukhjit Singh slowed down his car and started blowing horn of his car and signaled the complainant and Sukhdev Singh to stop. The complainant stopped his motorcycle. When the complainant stopped his motorcycle and was about to meet his deceased uncle Mukhjit Singh, in the meantime one bolero Jeep, one Innova Car and one Verna Car came across I-20 car of deceased and surrounded his I-20 Car. Complainant further alleged that Innova Car was intentionally stopped right in front of car of deceased where as Bolero Jeep was intentionally stopped on the side of car of deceased. Hence, car of deceased was surrounded by above said three cars from three sides, thereby restricting his movement and movement of his car. Thereafter, all the accused armed with weapons alighted from the said three cars. The comp
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