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2024 Supreme(Online)(P&H) 478

2024:PHHC:008110

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

265

CWP-15446-2023

Date of decision: 16.01.2024

KASHMIR SINGH

......Petitioner

VERSUS

STATE OF PUNJAB AND OTHERS

.......Respondents

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ

*****

Present: -

Mr. Davinder Bir Singh Yadav, Advocate

for the petitioner.

Mr. Teevar Sharma, Asst. A.G. Punjab.

*****

VINOD S. BHARDWAJ, J. (Oral) Prayer in the writ petition is for seeking directions to the respondents to issue Police Clearance Certificate to the petitioner. It is contended by the Counsel that the petitioner has two sons namely Amandeep Singh Bhatia and Shagandeep Singh Bhatia who are permanent residents of Canada and that a VISA of Canada has been issued to the petitioner. He visited Canada in the year 2018 as well as in 2019. However, on 25.11.2019, an FIR No. 128 dated 25.11.2019 was registered at Police Station Mehtiana under Sections 149, 283, 353, 186 of the IPC against unknown persons on an allegation that a crowd of 100 persons had come to the Police Station to favour a person and had fought with the police officials thereby causing obstruction in the police duty. Despite the petitioner being a member of the 1 of 6 Panchayat, he was neither named in the FIR nor was ever involved in the said incident. However, at the behest of one former Sarpanch Paramjit Singh, he was now treated as an accused alongwith 60 other co-accused persons. Counsel contends that sons and wife of the petitioner are in Canada and that the petitioner intends to go and stay with his family in the fag end of his life and that in this regard, the petitioner had submitted an application under the Parents and Grand Parents Programme. The said application was, however, not processed awaiting a Police Clearance Certificate to be issued by the competent authority. An application was accordingly submitted by the petitioner to the respondent-State for issuance of Police Clearance Certificate, however, the same has been declined.

2. A short reply by way of affidavit of Ravinder Singh, Deputy Superintendent of Police, Head Quarter District Hoshiarpur has been filed wherein it has been averred as under:-

    “2. That it is humbly submitted that FIR No.128, dated 25-11-2019, U/s 149, 283, 353, 186 IPC was registered on the statement of ASI Sukhram Singh No.230/HPR, P.S. Mehtiana, District Hoshiarpur that he is posted as Investigation officer in Police Station Mehtiana, on 25-11-2019 in the evening, he was present in the Police Station Mehtiana and Sukhdev Singh Pathi of Gurdwara Sahib of Village Khanaura on 25-11-2019 at about 12:00 noon outraged the modesty of Jasvir Kaur daughter of Baldev Singh R/o Village Khanaura. In this, regard the victim girl along with her family members and Ex.Sarpanch Paramjit Singh came to Police Station for submitting complaint.
    At about 05:00 p.m., a group of 100 unknown supporters of Sukhdev Singh Pathi, came to the Police Station and they the man handled Ex. Sarpanch. The complainant and ASI Gurminder Singh, HC Gurchain Singh, PHG Kulwinder Singh, MHC Pawan Kumar were present in the Police Station and they 2 of 6 tried to get free Ex. Sarpanch Paramjit Singh from group of supporters of Sukhdev Singh Pathi but the unknown supporters of Pathi also manhandled them and removed the turban of complainant. Thereafter, they interfered in the performance of duty of Police. From the contents of complainant, offences U/s 149, 283, 353, 186 IPC were made out and accordingly the present case was registered. During the investigation, the Investigation officer recorded the statements of witnesses and prepared site plan of place of occurrence.
    3. That it is humbly submitted that petitioner-Kashmir Singh, the accused Sukhjinder Singh, Jaskaran Singh, Gurpreet Singh, Karanjit Singh, Jaswant Singh, Gurvinder Singh, accused-Tanvir Singh, Surinder Singh, Sandeep Singh, Satinderjit Singh, Jaskirat Singh, Lovepreet Singh, accused-
    Karam Kaur, Narinderpal, Sarabjit Singh, Balbir Singh, Rajwinder Kaur, Iqbal Singh, accused- Manjinder Singh, Jasvir Kaur, Ranjit Kaur, Buta Ram, Ranbir Singh, Kulvir Singh, Balwinder Singh, Dharampal, Jarnail Pal, Varinder Kumar, Jatinderjit Singh, Hardeep Singh, Charanjit Kaur, Jaswinder Singh, Baljinder Singh, Bachitar Singh, Gurmeet Singh, Kuldip S



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