Jaspreet Singh and Another vs State of Punjab and Others

Rameshwar Singh Malik, J.

Crl.Misc.No.33528 of 2012

Application is allowed subject to just exceptions. Crl. Misc. Application stands disposed of.

Crl. Misc. No. M-16753 of 2012

Feeling aggrieved against the alleged serious inaction on the part of the investigating agency not to present the cancellation report (Annexure P-5/T) to the learned court of competent jurisdiction, despite having been finalised on 31.1.2012, the petitioners have approached this court by way of instant petition u/s 482 Cr.P.C., invoking its inherent jurisdiction, seeking direction against the official respondents to present the cancellation report dated 31.1.2012 (Annexure P-5/T) to the learned court of competent jurisdiction without any further delay.

Learned counsel for the petitioners submits that inspite of order dated 1.4.2008 (Annexure P-6/T) issued by the Director General of Police, Punjab-respondent no. 2, the police authorities are harassing the petitioners and their family members by calling them to the police station time and again in glaring violation of the provisions of Section 160 Cr.P.C., inspite of the fact that cancellation report had been prepared way back on 31.1.2012, which is not being presented to the court of competent jurisdiction for the undisclosed reasons. Learned counsel for the petitioners further submits that the petitioners shall move an appropriate representation to the Director General of Police,Punjab-respondent no.2, within a week from today and he may be directed to consider the grievance of the petitioners by passing an appropriate order thereon, so as to ensure the meticulous compliance of the provisions of Section 160 Cr.P.C. and also his own orders dated 1.4.2008 (Annexure P-6/T).

I have heard the learned counsel for the petitioners and with his able assistance have gone through the record of the case.

After giving my thoughtful consideration to the contentions raised and in view of the peculiar facts and circumstances of the present case, this court is of the considered opinion that it is just and expedient to direct Director General of Police, Punjab, to ensure the compliance of the provisions of Section 160 Cr.P.C., as well as his own orders dated 1.4.2008 (Annexure P-6/T), which are being glaringly violated.

It is a matter of deep concern that this court is faced with similar type of petitions almost daily, wherein the instructions issued vide order dated 1.4.2008 (Annexure P-6/T) by Director General of Police,Punjab, are not being adhered to by the police at the district level as well as the provisions of Section 160 Cr.P.C. are also being violated. Further, once the cancellation report had been prepared way back on 31.1.2012 vide Annexure P-5, it does not appeal to reason at all as to why the same is not being presented to the learned court of competent jurisdiction for such a long period. The resultant effect is that a number of helpless and innocent citizens are being compelled to approach this court by way of wholly unwarranted litigation, which can be easily avoided, in case the appropriate remedial measures are adopted at the level of the Director General of Police, Punjab-respondent no.2.

In view of what has been discussed above, the Director General of Police,Punjab-respondent no.2 is directed to consider the grievance of the petitioners, if it is raised within a week from today, dispassionately and expeditiously, passing an appropriate order thereon, as warranted by law, so as to ensure that the cancellation report dated 31.1.2012 is presented to the court of competent jurisdiction without any further delay,if there are no other compelling reasons. He shall further ensure the meticulous compliance of the provisions of Section 160 Cr.P.C. by the police authorities in the State of Punjab as well as the compliance of his own orders dated 1.4.2008 issued vide Annexure P-6/T. With the observations made above, the instant petition is disposed of.