Manpreet Sangha vs Union Territory, Chandigarh and Others

Kanwaljit Singh Ahluwalia, J.—The present petition has been filed u/s 482Cr.P.C. for issuance of a direction to respondents No. 1 to 3 for arresting respondents No. 4 and 5 in case arising out of FIR No. 135 dated 26.8.2009, registered at Police Station Sector 3, Chandigarh, under Sections 323, 498A and 506 IPC. Lateron offence u/s 406 IPC was added. A further prayer has been made that respondents No. 1 to 3 be directed to submit a final report against respondents No. 4 and 5 and recovery of istri dhan should be effected from them. Ms. Ashima Mor, Assistant Public Prosecutor, appearing for respondents No. 1 to 3, on instructions from Kulbir Kaur, Sub Inspector, has submitted that the Investigating agency has already concluded the investigation and has submitted a report u/s 173 Cr.P.C. against respondent No. 4, whereas respondent No. 5 has been found innocent.

Learned counsel for the petitioner contends that the Chandigarh Police has not acted impartially but has favoured respondents No. 4 and 5.

Be that as it may, there is an ample opportunity for the complainant/petitioner to approach and pray before the trial Court that cognizance of offence be taken against respondent No. 5-Amarjit Singh Sidhu u/s 190 Cr.P.C. or at a later stage u/s 319 Cr.P.C. However, for other prayers, liberty is granted to the petitioner to approach the trial Court, which is seized of the matter.

Vide a separate order of even date, passed in Criminal Misc. No. M-38680 of 2011, it has been ordered that in case respondent No. 4- Amarinder Singh Sidhu appears before the trial Court, on or before 10.3.2012, he shall be released on bail.

In view of the observations made above, the present petition is disposed of.