JUDGMENT :

Jasjit Singh Bedi, J.

The prayer in the present petition under Section 482 Cr.P.C. is for setting aside a part of the judgment/directions contained in Para 36 of the judgment dated 20.01.2023 passed by the Judicial Magistrate 1st Class, Chandigarh (Annexure P-1) in FIR No.406 dated 09.11.2012 under Sections 323, 452, 506 and 34 IPC, Police Station Sector 31, Chandigarh wherein while acquitting the accused observations have been made that due to unfair and faulty investigation conducted by both the investigating officers and the SHO concerned i.e. the petitioner, the right to life and liberty of the accused persons provided under Article 21 of the Constitution was curtailed and their acts amounted to the commission of offences under Sections 166-A and 167 IPC and that the copy of the judgment be sent to the Senior Superintendent of Police, Chandigarh for necessary action with a further prayer that FIR No.0015 dated 27.01.2023 under Sections 166A and 167 IPC, Police Station Sector 31, Chandigarh be quashed being an abuse of the process of the law.

2. The brief facts of the case are that an FIR No.406 dated 09.11.2012 under Sections 323, 452, 506 and 34 IPC, Police Station Sector 31, Chandigarh, came to be registered by one Geeta Joshi. As per the allegations in the FIR, accused persons, namely, Anil Sood, S.K. Parmar, PK. Mahajan, Satish Kumar and Gopal Mittal had come outside her house, removed the flower pots and uprooted trees and had assualted her while using unparliamentary language.

The investigation was initially conducted by SI Raghbir Singh.

On the representation of the accused, an enquiry was conducted by the DSP, Crime Branch, Jagbir Singh who after considering the statements of the complainant, accused and the first investigating officer, prepared a report stating that only a quarrel had taken place between two parties and the complainant had not been manhandled. A copy of the report dated 04.03.2013 was exhibited as DA in the subsequent Trial.

Meanwhile, SI Gurmeet Singh (PW-7) was appointed as the second investigating officer by the then SHO Jaspal Singh on 05.05.2013.

On 31.07.2013, SHO Jaspal Singh was transferred and Inspector Kirpal Singh (petitioner) took charge as SHO, Police Station Sector 31, Chandigarh. A copy of the transfer orders dated 31.02013 is attached as Annexure P-3 to the petition.

Meanwhile, the report under Section 173(2) Cr.P.C. under Sections 323, 452, 506 and 34 IPC was presented on 07.11.2013 without considering the enquiry report dated 04.03.2013.

An application for discharge was moved by the accused on the basis of the enquiry report of the DSP. On 11.11.2014, the said application was dismissed by the Trial Court on the grounds that the enquiry conducted by the DSP was not binding on the Trial Court and the accused could not be discharged only on the basis of the findings of the said DSP. A copy of the order dated 11.11.2014 is attached as Annexure P-4 to the petition.

Consequent to the dismissal of the discharge application, charges were framed against the accused under Sections 323, 452, 506 read with Section 34 IPC on 14.11.2014.

3. On conclusion of the Trial, while the accused persons were acquitted, an observation was made in Para 36 of the judgment that an unfair and faulty investigation had been conducted by both the investigating officers and the SHO concerned thereby violating the fundamental right to life and liberty of the accused under Article 21 of the Constitution of India and therefore, the proceedings ought to be initiated against the said accused. A copy of the judgment is attached as Annexure P-1 to the petition. The relevant extract containing the observations are as under:-

4. On the receipt of the aforementioned judgment and on a perusal of the observations made in Para 36, FIR No.0015 dated 27.01.2023 under Sections 166A and 167 IPC, Police Station Sector 31, Chandigarh, came to be registered against the petitioner, SI Raghbir Singh, the first investigating officer an