Mohsin Ansari @ Mayank vs State of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1863

MANJARI NEHRU KAUL
Mohsin Ansari @ Mayank – Appellant
Versus
State of Punjab – Respondent

Advocates Appeared:
For the Petitioners: Mr. Sanjeev Kumar.
For the Respondent: Mr. Amit Rana, Sr.Deputy Adv. General.

JUDGMENT :

(Manjari Nehru Kaul, J.)

The petitioners are impugning order dated 15.12.2021 passed by learned Special Judge, SAS Nagar (Mohali) vide which the application filed by the petitioners under Section 167 (2) Cr.P.C. was dismissed.

2. Learned counsel for the petitioners inter alia contends that an application was moved by the petitioners before the learned Special Court for extending the concession of default bail under Section 167 (2) on 11.10.2021, which however, was withdrawn on account of a statement made by the learned Public Prosecutor that report under Section 173(2) Cr.P.C. i.e. challan, already stood presented before the Duty Magistrate on 09.10.2021. However, on receipt of a copy of the said report, the petitioners discovered that an incomplete challan had been presented, as even after expiry of 180 days, requisite sanction under Section 39 of the ARMS ACT had not been obtained. Learned counsel has vehemently argued that it is a settled principle of law that in a case where a person is accused of multiple offences, the investigating agency cannot be permitted to conduct piece meal investigation so as to circumvent the right of an accused by initially presenting challa