Trial court docket can summon extra accused if police defend culprits: HC

Trial court docket can summon extra accused if police defend culprits: HC



Tribune Information Service

Chandigarh, June 3

The Punjab and Haryana Excessive Courtroom has dominated that the trial court docket was “all the time justified” in summoning an individual as an extra accused in case the police made an try to defend him by declaring him harmless.

“As soon as the investigation is just not carried out in a correct method and an try is made by the police official(s) involved to defend the accused by declaring him harmless, the trial court docket is all the time justified in exercising the facility below Part 319 of the CrPC if the proof on report suggests his involvement within the alleged incidence and fee of crime,” Justice Manoj Bajaj dominated.

The Bench was listening to a petition for quashing an FIR registered on March 5, 2017, for try to homicide and different offences below Sections 307, 326, 324, 323, 148 and 149 of the IPC at Kahnuwan police station in Gurdaspur. Instructions had been additionally looked for quashing order dated January 30, 2019, whereby the trial court docket summoned the petitioner as an extra accused by exercising energy below Part 319 of the CrPC.

The ruling got here after Justice Bajaj asserted it was evident that the investigation with regard to the petitioner and others was not performed in accordance with legislation, “a lot much less by the investigating officer, who merely proceeded to comply with the instructions issued by his superior officers”.

Referring to the details of the case in hand, Justice Bajaj asserted the complete case of the petitioner-accused was based mostly on an inquiry report by Gurdaspur Superintendent of Police. He concluded that the petitioner and a few others weren’t discovered current on the place of incidence.

Justice Bajaj added the report’s perusal revealed that the conclusion was based mostly upon discreet and open investigation allegedly performed by the inquiry officer, who proceeded to simply accept the defence of the accused earlier than issuing instructions to the SHO to declare them harmless.

The route was adopted by the SHO, whereas submitting the ultimate probe report, whereby it was particularly talked about that the Superintendent of Police discovered the accused harmless and the conclusion was authorised by the Senior Superintendent of Police. “Thus, it’s evident that the investigation qua the petitioner and others was not performed in accordance with legislation a lot much less by the investigating officer, who merely proceeded to comply with the instructions issued by his superiors,” Justice Bajaj added, whereas dismissing the plea.





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