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ANOOP CHITKARA
Raghvir Singh @ Tirath Nand – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Anoop Chitkara, J. - The present petition has been filed seeking issuance of appropriate directions to the official respondents No.1 to 6 to take appropriate action against respondents No.8 to 10 in pursuance of the complaints and representations filed by the petitioners.
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 30.08.2022 (Annexure P-11), be decided by the Deputy General of Police, Punjab within two months, either himself 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
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 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 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 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.
The court maintains the power under Article 226 of the Constitution to direct police to exercise their statutory duty to conduct an enquiry into a complaint within a specified timeframe.
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