Tanvir Hussain vs Jagpal Sandhu and Others

M.M.S. Bedi, J.—The petitioner has filed this contempt petition alleging that the order dated September 17, 2012 passed by a Division

Bench of this Court to inquire into the matter of public land belonging to Health Department having been sold by the Municipal Corporation, Banur

in favour of private party vide resolution dated May 25, 2010, expeditiously within a period of two months, has not been complied with. A

direction was also issued vide said order to ADGP (Crime), Punjab, to look into the contents of the inquiry report submitted by SDM, Mohali on

April 26, 2011. On last date of hearing i.e. September 20, 2013, I had gone through the police file which indicates that pursuant to the abovesaid

orders, the ADGP (Crime) Punjab, vide order dated March 8, 2013 had constituted a Special Investigation Team after taking into consideration

the inquiry report dated April 26, 2011. The investigation file further indicated that inquiry was being conducted in FIR No. 39/2011, Police

Station, Banur. The investigation in the said case has been undertaken by a Special Investigation Team.

As the petitioner was not satisfied with the investigation being conducted under Chapter XII of Cr. P.C., it was directed that in case he makes a

statement before the investigating agency, his statement would be recorded u/s 163(2) Cr. P.C.

It has been informed that as per the directions of this Court, the ADGP (Crime), Punjab, is supervising the investigation by Special Investigation

Team. The investigation is being headed by an officer of the rank of IGP. An interim status report has been produced in a sealed cover indicating

that investigation for determining the truth in the allegations in the FIR is being undertaken. There does not appear to be any willful disobedience of

any direction till date in view of above said circumstances.

This petition is disposed of. However, it is observed that in case the petitioner or any other person has got any grievance against the fairness of

the investigation, it will be open to the petitioner or said person to avail the legal remedy in accordance with law.

Counsel for the petitioner has made a request that copy of the interim report be given to him. The said request is declined as the investigation is

still in progress and has not culminated into a final report u/s 173 (2) Cr.P.C. Sealed cover envelope is ordered to be returned to counsel for the

respondents. It will be open to the petitioner to provide any other material, in the interest of fair investigation, if deemed appropriate.