Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 310

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, J.
Sukhpal Singh Khaira – Appellant
Versus
State Of Punjab & Ors. – Respondents
CRM-M-28821-2022
Decided On : 26-08-2022

Advocates Appeared:
Mr. Surjit Singh Swaich, Advocate Mr. Abhay Sher Singh Mann, Advocate and Mr. Mehtab Singh Khaira, Advocate, for the Appellant; Mr. Bhupender Beniwal, AAG, Punjab, for the Respondent

The delayed filing of the police report beyond the period of limitation can disempower the court from assuming jurisdiction and cognizance.

Headnote:
quashing - summoning order - Section 188 IPC, Section 51 of the Disaster Management Act, 2005, Section 3 of the Epidemic Diseases Act, 1897
Fact of the Case:

The petitioner sought quashing of the summoning order and consequential proceedings related to FIR No. 60 dated 25.05.2020, which included offences under Section 188 IPC, Section 51 of the Disaster Management Act, 2005, and Section 3 of the Epidemic Diseases Act, 1897.
Finding of the Court:

The court found that the summoning order and consequential proceedings were invalid due to the delayed filing of the police report, which exceeded the period of limitation prescribed in the Cr.P.C.
Issues: Validity of summoning order, assumption of cognizance, and jurisdiction based on the delayed filing of the police report.
Ratio Decidendi: The delayed filing of the police report beyond the period of limitation disempowered the court from assuming jurisdiction and cognizance.
Final Decision: The petition was allowed, and the summoning order, FIR, and consequential proceedings were quashed only for the petitioner. Personal and surety bonds were ordered to be cancelled and discharged.

JUDGMENT

Sureshwar Thakur, J. - FIR bearing No. 60 dated 25.05.2020 constituting therein offences, embodied under Section 188 IPC, under Section 51 of the Disaster Management Act, 2005, and, under Section 3 of the Epidemic Diseases Act, 1897, became registered at Police Station Division No. 4, Police Commissionerate, Jalandhar, District Jalandhar.

2. After completion of investigations into the FIR (supra), a report under Section 173 Cr.P.C. became instituted, on 21.09.2021, by the investigating officer concerned, before the Chief Judicial Magistrate, and, upon its presentation there, as unfolded by the impugned order, as, carried in Annexure P-5, the learned Chief Judicial Magistrate proceeded to issue summons, upon, the accused in the FIR (supra).

3. The petitioner becomes aggrieved from the summoning order, as embodied in Annexure P-5, and, has made a prayer for the quashing of the summoning order, and, has also made a further prayer for quashing of all consequential proceedings as arise therefrom.

4. The ill performed acts were visibly barred by the law, and or, were done in contempt of lawful authority of public servant, and, as such the provisions of Section 195 of the Cr.P.C., become aroused.

5. In consequence, the learned counsel appearing for the petitioner has argued, that the institution of a police report, by the investigating officer concerned, before the learned Chief Judicial Magistrate, did not empower the jurisdictionally empowered Magistrate to either assume jurisdiction, or, take cognizance thereons, contrarily rather within the ambit of Section 195 (1) of the Cr.P.C, provisions whereof are extracted hereinafter, the learned Chief Judicial Magistrate became empowered to assume cognizance upon the offences concerned, only upon the District Magistrate Jalandhar concerned, either personally instituting a complaint before him, or his authorizing any officer subordinate to him, to institute it, before the jurisdictionally empowered Magistrate.

'195. Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

(1) No Court shall take cognizance '

6. In the above regard, though the District Magistrate Jalandhar, as revealed by an order made on 21.09.2021, did not personally present the challan, before the jurisdictionally empowered Magistrate, but yet after sanction being accorded by him, for prosecuting the petitioner herein qua the petition FIR offences, he through an order drawn on 10.09.2021, and, bearing no. 10944/MC- 4/MA, rather authorized in the hereinafter extracted manner, the public prosecutor concerned, to make appearance(s), on his behalf, before the jurisdictionally empowered Court.

'on perusal of the FIR No. 60 dated 25.05.2020, Police Station Division No. 4, Jalandhar received from Commissioner of Police Jalandhar, I reached on this conclusion that the challan of the case against abovesaid accused is liable to be produced before Hon'ble Court, because, due to ban, the accused person by making gathering of the people interfered the orders of this Office bearing No. 9021-9040/M.C.4/M.A. dated 18.05.2020 issued under Disaster Management Act, 2005.

Therefore, I, Ghanshyam Thori, I.A.S. District Magistrate, Jalandhar as an authorised officer submit in writing under Section 195 Cr.P.C. that I as the higher authority of the District, due to busy in the government works, cannot appear in the cases before the Hon'ble Trial Court on every hearing. Therefore the Government pleader will be appeared before the Competent Court.'

7. Even though, the above bestowed empowerment upon the A.P.P. concerned, by the District Magistrate Jalandhar, did authorize the A.P.P. concerned, to institute a challan/complaint, after the completion of investigations into the FIR (supra), before the jurisdictionally empowered Court, and, also, though it made the police report, to become a complaint within the ambit of Section 195 (1) of the Cr.P.C.,