REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS. 753-755 of 2009

State of Punjab

…Appellant

Versus

Davinder Pal Singh Bhullar & Ors. etc.

…Respondents

With

CRIMINAL APPEAL NO. 2258-2264 of 2011

(Arising out of SLP(Crl.) Nos. 6503-6509 of 2011)

Sumedh Singh Saini

…Appellant

Versus

Davinder Pal Singh Bhullar & Ors

…Respondents

J U D G M E N T

Dr. B.S. Chauhan, J.

1.

Leave granted in the Special Leave Petitions filed by Shri

Sumedh Singh Saini.

2.

These appeals have been preferred against the orders dated

30.5.2007, 22.8.2007, 5.10.2007 and 4.7.2008 in Crl. Misc. No. 152-

MA of 2007; order dated 19.9.2007 in Crl. Misc. No. 86286 of 2007 in

Crl. Misc. No. 152-MA of 2007; and orders dated 2.11.2007 and

6.11.2007 in Crl. Misc. No. 93535 of 2007 in Crl. Misc. No. 152-MA of

2007 passed by the High Court of Punjab and Haryana at Chandigarh.

For the sake of convenience of disposal of the appeals, we would refer

only to the criminal appeals filed by the State.

3. The Appeals herein raise peculiar substantial questions of law as

to whether the High Court can pass an order on an application

entertained after final disposal of the criminal appeal or even suo motu

particularly, in view of the provisions of Section 362 of the Code of

Criminal Procedure, 1973 (hereinafter called Cr.P.C.) and as to whether

in exercise of its inherent jurisdiction under Section 482 Cr.P.C. the

High Court can ask a particular investigating agency to investigate a

case following a particular procedure through an exceptionally unusual

method which is not in consonance with the statutory provisions of

Cr.P.C.

4. FACTS:

(A) An FIR No.334/91 under Sections 302, 307, 323, 437 and 120-B

of the Indian Penal Code, 1860 (hereinafter called the ‘IPC’) and

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Sections 3 & 4 of Explosive Substances Act, 1908 was registered at

Police Station, Sector 17, Chandigarh. In connection with an FIR dated

13.12.1991, one Balwant Singh Multani was arrested in a case in

respect of the FIR No.440 registered under Sections 212 and 216 IPC,

Sections 25/54/69 of Arms Act 1959, and Sections 3 & 5 of the

Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter

called as ‘TADA Act’) at Police Station, Sector-17, Chandigarh. On

19.12.1991, the said accused Balwant Singh Multani escaped from the

custody of the police from Police Station Qadian (Punjab) for which

FIR No.112 dated 19.12.1991 under Sections 223 and 224 IPC was

registered at Police Station Qadian (Punjab). Shri Darshan Singh

Multani, father of Balwant Singh Multani filed Criminal Writ Petition

No.1188 of 1991 before the High Court of Punjab & Haryana under

Article 226 of the Constitution of India, 1950, (hereinafter called

“Constitution”), for production of the said accused Balwant Singh

Multani. The State Government filed a reply to the same, explaining

that the said accused had escaped from police custody and after

considering the case, the High Court dismissed the Habeas Corpus

Petition. After completion of the investigation in respect of FIR No.112

of 1991 regarding the escape of Balwant Singh Multani, a challan was

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filed before the competent court wherein he was declared a proclaimed

offender vide order dated 12.5.1993. After completion of the

investigation in FIR No.334 of 1991 dated 29.8.1991, the Police

chargesheeted eight persons. The chargesheet revealed that an attempt

was made by terrorists on the life of the then SSP, Chandigarh, by using

explosives. In a thunderous explosion that followed, the Ambassador

Car of the SSP, Chandigarh, was blown high into the air whereafter it

fell down ahead at some distance completely shattered. HC Amin

Chand, the driver of the car and ASI Lalu Ram, PSO, died on the spot.

ASI Ramesh Lal, PSO, and C