Sarup Singh vs State of Punjab

T.H.B. Chalapathi, J. (Oral)

This is an application to direct the State to prosecute the respondent Nos. 2 to 4 in the case F.I.R. No. 20 dated 17.1.1989 registered under Section 420 IPC at police station, Jalalabad on a complaint given by Sarup Singh. According to the petitioners he sold his wheat in the month of April, 1987 to the respondents Nos. 2 to 4 and the petitioner has to get the amount of Rs. 13,956.83 as balance price of the wheat sold. But the respondents showed some bogus entries that the amount has been paid to the petitioner and therefore, he lodged a complaint with the police. The grievance of the petitioner is that police is not taking any action on his complaint though many years have passed. Therefore, he sought direction for taking action on his complaint.

In reply to the petition it has been stated by Deputy Superintendent of Police, Jalalabad in his affidavit that the case was entrusted for investigation to one Kulwant Singh, Sub Inspector, Police Station, Sadar Ferozepur but he lost the file. It is also explained that delay in investigation was caused due to the pendency of Criminal Misc. 1325M of 1989 in which investigation was stayed and the said application was also dismissed on 10.3.1992.

There is no reason for delaying the investigation after 10.3.1992 when the application filed by the accused has been dismissed by this Court. The only ground on which the State is relying for the delay is loss of file. Simply because the file is lost it cannot be said no further action can be taken on the complaint. Senior Superintendent of Police is hereby directed to get the file in F.I.R. No. 20 of 17.1.1989 reconstructed forthwith and complete the investigation into the same under his personal supervision within two months from today and take such necessary action as is required under the law depending on the result of the investigation. In case police decide to prosecute the accused they may file the challan in the court and in case the investigation does not reveal the commission of offence and they want to submit cancellation report, they may do so after giving an intimation to the complainant petitioner as required under subsection 2 of Section 173 of Code of Criminal Procedure.