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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Rajesh Bhardwaj, J.
Kulwinder Singh & Ors. – Appellants
Versus
State Of Punjab & Ors. – Respondents
Criminal Miscellaneous Petition (M) No. 44840 of 2021
Decided On : 10-01-2022
Section 482 Cr.P.C. - Seeking directions for legal and departmental action - Court directs Senior Superintendent of Police to decide on the representation within one month
Fact of the Case:
The petition was filed under Section 482 Cr.P.C. seeking directions for legal and departmental action against certain respondents and for an appropriate order after conducting an impartial inquiry regarding a representation.
Finding of the Court:
The court disposed of the petition with a direction to the Senior Superintendent of Police to look into the representation and decide the same in accordance with the law within one month.
Issues: The issues involved the redressal of the petitioners' claim and the lack of decision on their representation before the Senior Superintendent of Police.
Ratio Decidendi: The court's decision was influenced by the need for the Senior Superintendent of Police to take action on the representation within a specified timeframe.
Final Decision: The final decision was to dispose of the petition with a direction to the Senior Superintendent of Police to decide on the representation within one month.
JUDGMENT
Rajesh Bhardwaj, J. - Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.
2. Prayer in this petition filed under Section 482 Cr.P.C. is for seeking directions to respondents No.2 and 4 to take strict legal as well as departmental action against respondents No.5 to 7 and further, respondent No.3 be directed to pass an appropriate order after conducting the thorough, independent and impartial enquiry regarding representation dated 30.08.2021 (Annexure P-1).
Notice of motion.
On asking of the Court, Mr. Rakeshinder Singh Sidhu, AAG, Punjab accepts notice on behalf of the respondent-State.
3. Learned counsel for the petitioners states that petitioners have filed representation dated 30.08.2021 (Annexure P-1) before the Senior Superintendent of Police, Amritsar Rural, District Amritsar, for the redressal of their claim and no decision thereon has been taken so far.
4. In view of the above, the petition is disposed of with a direction to respondent No.3-Senior Superintendent of Police, Amritsar Rural, District Amritsar, to look into the representation (Annexure P-1) and decide the same in accordance with law within one month from the date of receipt of the certified copy of this order.
The main legal point established in the judgment is the court's authority to direct a public official to take action on a representation within a specified timeframe.
The court's power under Section 482 Cr.P.C to issue directions for timely redressal of claims.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
The availability of an efficacious alternate remedy may preclude the invocation of the writ jurisdiction under Article 226 of the Constitution of India.
Court grants time extension for police enquiry completion upon government's submission in writ petition.
Granting limited protection from arrest and allowing custodial interrogation after giving 15 days' notice in the interest of justice and the peculiar facts of the case.
Dismissal of petitions due to lack of response and adherence to guidelines for conducting proceedings through video conferencing during the COVID-19 pandemic
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