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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Chamkaur Singh - Appellant
Versus
State of Punjab & Ors. - Respondents
Criminal Miscellaneous Petition (M) No. 60445 of 2022
Decided On : 23-12-2022
Investigation - Aggrieved Person - The court directed the concerned Senior Superintendent of Police to decide on the representation submitted by the petitioner within two months, emphasizing that the decision must be reasoned and communicated promptly. The court clarified that the order did not adjudicate on merits and reserved liberty for the petitioner to pursue other legal remedies.
Fact of the Case:
The petitioner sought proper and fair investigation and approached the court for appropriate directions.
Finding of the Court:
The court directed the concerned Senior Superintendent of Police to decide on the representation submitted by the petitioner within two months, emphasizing that the decision must be reasoned and communicated promptly. The court clarified that the order did not adjudicate on merits and reserved liberty for the petitioner to pursue other legal remedies.
Issues: Seeking proper and fair investigation, issuance of appropriate directions, and adjudication on merits.
Ratio Decidendi: The court emphasized the need for a reasoned decision by the concerned Senior Superintendent of Police and clarified that the order did not adjudicate on merits, reserving liberty for the petitioner to pursue other legal remedies.
Final Decision: The petition was allowed to the extent mentioned, and all pending applications, if any, were disposed of.
JUDGMENT
Anoop Chitkara, J. - Seeking proper and fair investigation, the petitioner, claiming to be an aggrieved person, has come up before this court seeking the issuance of appropriate directions.
2. Notices are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.
3. Let the representation dated 11.10.2022 (Annexure P-2) be decided by the concerned Senior Superintendent of Police, within two months, either himself/herself or by authorizing and delegating it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representationists without delay.
4. Liberty reserved to the petitioner to file fresh petition or to take other legal remedies in accordance with the law.
5. It is clarified that there is no adjudication on merits. It is further clarified that this order shall not come in the way if the interrogation of the petitioner is required in any cognizable case.
6. There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.
Petition is allowed to the extent mentioned above. All pending applications, if any, stand disposed.
The court emphasized the importance of a reasoned decision by the concerned Senior Superintendent of Police and clarified the scope of the order, reserving liberty for the petitioner to pursue other ....
The right to seek fair and impartial investigation, the petitioner's entitlement to make a representation to the concerned authorities, and the reservation of liberty to pursue other legal remedies.
The court emphasized the importance of fair and impartial investigation and upheld the petitioner's right to seek appropriate directions and pursue legal remedies without adjudication on merits.
The court emphasized the importance of a reasoned decision on the representation and clarified the limited scope of the order.
The court emphasized the importance of a reasoned decision by the concerned Superintendent of Police on the representation and clarified that there was no adjudication on merits.
Public authorities must respond timely to representations made to them, reinforcing procedural fairness and the right of individuals to receive decisions.
The court has the authority to direct law enforcement agencies to address matters related to the protection of lives and liberty.
Administrative authorities are required to address pending representations promptly, ensuring compliance with relevant government directives.
Where a criminal investigation has concluded and judicial cognizance of the offence is taken with trial proceedings underway, the court will not exercise discretionary jurisdiction to direct further ....
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