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2022 Supreme(P&H) 224
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Sureshwar Thakur, J.
Lawrence Bishnoi – Appellant
Versus
State Of Punjab & Ors. – Respondents
CRWP No. 5463 of 2022 (O&M)
Decided On : 02-06-2022
Important Points
Subject
Criminal Law - Mandamus and Apprehension
Act Referred
CONSTITUTION OF INDIA : Art.21
INDIAN PENAL CODE : S.302, S.307, S.341, S.148, S.149, S.427, S.120(b)
Headnote
Mandamus - Protection of Life and Liberty - Arms Act, 1959, IPC - [Sections 302, 307, 341, 148, 149, 427, 120-B of the IPC and Sections 25 and 27 of the Arms Act, 1959] - The court considered the petitioner's apprehension of being arrested and produced before the magistrate, and the request for custodial interrogation through online mode. The court dismissed the petition as premature, citing the absence of the petitioner as an accused in the FIR and the unchallenged order for police remand in a separate case.
Fact of the Case:
The petitioner sought mandamus to protect his life, liberty, and well-being, and to dispense with physical presence and production for investigation into multiple criminal offenses.
Finding of the Court:
The court found the petitioner's apprehensions premature and dismissed the petition, leaving liberty to seek appropriate remedies at a later stage.
Issues: The main issue was the petitioner's apprehension of arrest and production before the magistrate, and the request for custodial interrogation through online mode.
Ratio Decidendi: The court held that the petitioner's apprehensions were premature as he had not been nominated as an accused in the FIR and an unchallenged order for police remand was in place in a separate case.
Final Decision: The petition was dismissed as premature, with liberty to seek appropriate remedies at a later stage.
Mr. Sangram Singh Saron, Advocate, Ms. Shubreet Kaur, Advocate, Ms. Surabhi Kaushik, Advocate, for the Appellant; Dr. Anmol Rattan Sidhu, Advocate, General, Punjab, Mr. G.G.Dhuriwala, Sr. DAG, Punjab, Mr. Pratham Sethi, Advocate, Mr. Shiv Kumar Sharma, Advocate, Mr. R.K.Rathore, Advocate, for the Respondent.
JUDGMENT
Sureshwar Thakur, J. (Oral). - CRM-W-667-2022
The application is allowed as prayed for. Annexures P-11, and, P-12 are taken on record.
CRWP-5463-2022
The petitioner has instituted the instant petition before this Court, seeking the issuance of the hereinafter directions, upon, the respondents.
1. Issuing a writ, order of direction in the nature of mandamus directing the respondents to ensure that the life, liberty, and well-being of the petitioner, guaranteed under Article 21 of the Constitution of India is protected;
2. Issuing a writ, order of direction in the nature of mandamus directing the respondents for dispensing the physical presence and production of the petitioner in respect of the investigation into FIR No. 103 dated 29.5.2022 (Annexure P-1) registered with Police Station City 1 Mansa, District Mansa, Punjab for offences punishable under Sections 302, 307, 341, 148, 149, 427, 120-B of the IPC and Sections 25 and 27 of the Arms Act, 1959 and other crimes/FIRs registered against the petitioner as there is a serious threat and apprehension to the life and well-being of the petitioner;
3. Issuing a writ, order of direction in the nature of mandamus directing the respondents to question and/or interrogate the petitioner in connection with FIR No. 103 dated 29.5.2022 (Annexure P-1) registered with Police Station City 1 Mansa, District Mansa, Punjab for offences punishable under Sections 302, 307, 341, 148, 149, 427, 120-B of the IPC and Sections 25 and 27 of the Arms Act, 1959 through online mode/video conference facility or within the precincts of Tihar Jail, New Delhi in view of the serious threat and apprehension to the security, well-being, life and liberty of the petitioner;
4. Issuing a writ, order of direction in the nature of mandamus directing the respondents to implement and scrupulously follow the decision of the Honble Supreme Court in the case of Paramvir Singh Saini versus Baljit Singh and Ors. Special Leave Petition (Criminal) No. 3543 of 2020: MANU/SC/0908/2020, in order to ensure that the investigation/interrogation of the petitioner is Audio and Video recorded in consonance with the decision of the Honble Apex Court in the case of Paramvir Singh Saini (supra);
5. Issuing a writ, order of direction in the nature of prohibition for restraining the learned Jurisdictional Magistrate/Chief Judiiual Magistrate, Mansa, Punjab from issuing Production Warrants for producing and handing over custody of the petitioner to the respondent No. 4/SIT in aid of investigation into FIR No. 103 dated 29.5.2022 (Annexure P-1) registered with Police Station City 1 Mansa, District Mansa, Punjab for offences punishable under Sections 302, 307, 341, 148, 149, 427, 120-B of the IPC and Sections 25 and 27 of the Arms Act, 1959;
6. Grant any other relief(s) or pass any other order(s) or directions(s) in addition to or in the alternative, which this Honble Court may deem fit and proper in the facts and circumstances of the case.
2. A reading of the hereinabove directions, as asked to be made, upon the State of Punjab, disclose, that obviously they are rested, upon an apprehension, nursed by the present petitioner, qua his becoming inculpated in the murder of one Shubhdeep Singh Sidhu. In respect of the above crime, an FIR bearing No. 103 of 29.5.2022, has been registered with Police Station City-I Mansa, District Mansa, whereins, offences constituted under Sections 302, 307, 341, 148, 149, 427, 120-B IPC, and, under Sections 25, 27 of the Arms Act, 1959, are embodied.
3. In pursuance to the above FIR, the petitoner concomitantly nurses an apprehension, that through warrants of arrest made by the police, upon, the Superintendent of Jail concerned, he is likely to be arrested by the police of the State of Punjab, and, that thereafters he is likely to be produced, before the learned Illaqa Magistrate concerned, by, and, for the investigating officer concerned, asking for his being put to either police remand or judicial remand. He appre
