ZORAWAR SINGH Vs. GURBAX SINGH BAINS
SUPREME COURT OF INDIA
Gurbax Singh Bains
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(1.) While dismissing Criminal Appeal No.2530/2014 [Zorawar Singh & Anr. v. Gurbax Singh Bains & Ors.] vide our judgment and order dated 4th December, 2014, Reported in (2015) 2 SCC 572 : 2015(1) R.C.R.(Criminal) 259 : 2015(1) Recent Apex Judgments (R.A.J.) 29 , we had passed following directions in Paragraph 17 of the judgment :
"17. Affirming the view taken by the High Court, we dismiss the present appeal and while doing so, deem it appropriate to pass the following directions:
17.1. The challan dated 14.02.2013 filed by the Superintendent of Police, District SAS Nagar is held illegal and improper and stands withdrawn from the record of the concerned case.
17.2. The crime shall be registered under section 302 IPC in keeping with the report dated 27.12.2011 of Shri Kunwar Vijay Pratap Singh, DIG (Crimes) and further investigation shall be undertaken in terms thereof.
17.3. The SITs as constituted are held invalidly constituted and the reports dated 01.03.2012 and 29.01.2013 stand set aside.
17.4. We direct the concerned Superintendent of Police to conduct thorough investigation into the matter. Such investigation must be completely fair and transparent and shall be free from any interference. We expect the concerned officer to rise to the occasion and do his job well.
17.5. It is left to the concerned Magistrate to consider whether any further investigation is called for, and if so, in which direction, as and when the occasion so demands.
17.6. Respondent No.1 shall be paid Rs. 2,50,000/- by way of compensation instead of Rs. 50,000/- as directed by the High Court. Such compensation shall first be paid by the State and after fixing the responsibility regarding officials who were responsible for delaying the process, recover the same from such officials.
17.7. We request the Chief Secretary of the State to inquire into the matter, the way and the manner in which it was dealt with at various stages and more particularly with regard to items (A) to (G) mentioned in para 15 and submit a report to this Court in a sealed cover within two months from today."
(2.) In paragraph 17.2 of the aforesaid judgment, we had directed that the crime shall be registered under Section 302 IPC, in keeping with the report dated 27.12.2011 of Shri Kunwar Vijay Pratap Singh, DIG (Crimes) and further investigation shall be undertaken in terms thereof. By direction in paragraph 17.4, we had directed the concerned Superintendent of Police to conduct thorough investigation into the matter.
(3.) We have been informed by the learned counsel appearing for the State of Punjab that appropriate investigation was undertaken and has culminated in filing of a report under Section 173 Cr.P.C.;
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