SARABJIT RAI Vs. STATE OF PUNJAB
LAWS(P&H)-2015-2-506
HIGH COURT OF PUNJAB AND HARYANA
Decided on
February 18,2015
Sarabjit Rai
Appellant
VERSUS
STATE OF PUNJAB
Respondents
Referred Judgements :-
PRITISH VS. STATE OF MAHARASHTRA [REFERRED TO]M S SHERIFF VS. STATE OF MADRAS [REFERRED TO]
SHREEKANTIAH RAMAYYA MUNIPALLI VS. STATE OF BOMBAY [REFERRED TO]
MATAJOG DOBEY NAND RAM AGARWALA VS. H C BHARI:H C BHARI [REFERRED TO]
P ARULSWAMI VS. STATE OF MADRAS [REFERRED TO]
CHAJU RAM VS. RADHEY SHYAM [REFERRED TO]
K KARUNAKARAN VS. T V EACHARA WARRTER [REFERRED TO]
S P KOHLI CIVIL SURGEON FEROZEPUR VS. HIGH COURT OF PUNJAB AND HARYANA [REFERRED TO]
HAR GOBIND VS. STATE OF HARYANA [REFERRED TO]
BAKHSHISH SINGH BRAR VS. GURMEJ KAUR [REFERRED TO]
STATE OF MAHARASHTRA VS. BUDHIKOTA SUBBARAO [REFERRED TO]
P S RAJYA VS. STATE OF BIHAR [REFERRED TO]
MANSUKHLAL VITHALDAS CHAUHAN VS. STATE OF GUJARAT [REFERRED TO]
SURESH KUMAR BHIKAMCHAND JAIN VS. PANDEY AJAY BHUSHAN [REFERRED TO]
GAURI SHANKAR PRASAD VS. STATE OF BIHAR [REFERRED TO]
PRITISH VS. STATE OF MAHARASHTRA [REFERRED TO]
RAJ KISHOR ROY VS. KAMLESHWAR PANDEY [REFERRED TO]
STATE OF ORISSA VS. GANESH CHADRA [REFERRED TO]
S K ZUTSHI VS. BIMAL DEBNATH [REFERRED TO]
K KALIMUTHU VS. STATE [REFERRED TO]
STATE OF GOA VS. BABU THOMAS [REFERRED TO]
RAKESH KUMAR MISHRA VS. STATE OF BIHAR [REFERRED TO]
SANKARAN MOITRA VS. SADHNA DAS [REFERRED TO]
PARKASH SINGH BADAL VS. STATE OF PUNJAB [REFERRED TO]
GOONDLA VENKATESWARLU VS. STATE OF A P [REFERRED TO]
STATE OF MADHYA PRADESH VS. SHEETLA SAHAI [REFERRED TO]
V B RAIKAR VS. STATE OF KARNATAKA [REFERRED TO]
DHUP NARAIN SINGH VS. STATE [REFERRED TO]
OM PRAKASH VS. STATE OF JHARKHAND [REFERRED TO]
LOKESH KUMAR JAIN VS. STATE OF RAJASTHAN [REFERRED TO]
FAKHRUZAMMA VS. STATE OF JHARKHAND [REFERRED TO]
JUDGEMENT
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(1.)BY this judgment, two cases i.e. Crl. Misc. No.M -5695 of 2011 and Crl. Appeal No. S -1820 -SB of 2010 shall stand disposed of as common question of law is involved in both the cases. However for the sake of convenience, the facts are being extracted from Crl. Misc. No. M - 5695 of 2011.
(2.)THE present petition has been filed under Section 482 Cr.P.C. for quashing of summoning order dated 12.1.2010 passed in Criminal Complaint No. 3 dated 12.1.2010 titled as "State Vs. Amar Singh and others" as well as all subsequent proceedings arising therefrom.
(3.)BRIEFLY , the facts of the case are that FIR No. 46 dated 11.6.1996 was registered for murder of one Jagseer Singh under Sections 364,302,201,148 and 149 IPC at Police Station Bhadaur against five persons, namely, Nachhattar singh @ Khanda, Sira @ Jagsir Singh, Amarjit Singh, Nikka Singh and Surjit Singh. All the aforesaid accused persons faced trial and ultimately were convicted vide judgment dated 18.7.1998 passed by Additional Sessions Judge, Barnala for the commission of offences punishable under Sections 364,302,148,149 and 201 IPC and sentenced to undergo life imprisonment. Aggrieved by the said judgment of conviction and order of sentence dated 18.7.1998, all the five accused persons preferred a common appeal i.e. Crl. Appeal No. 322 - DB of 1998 before this Court. During the pendency of said appeal, an application was moved on behalf of all the accused persons stating therein that Jagseer Singh, the alleged deceased, for which the accused were tried and convicted is still alive and hence a false case was registered against them. Crl. Appeal No. 322 -DB of 1998 was allowed, conviction and sentence was set aside and the accused were acquitted of all the charges framed against them vide judgment dated 23.9.2009. Their conviction as well as sentence was set aside. The accused were also awarded compensation to the tune of Rs. 20 lacs each vide aforesaid judgment. SHO, Police Station Bhadaur, District Barnala was directed to register FIR afresh on the basis of statement of Nachhatar Singh @ Khanda, investigate the same and to proceed as per law. A direction was also issued to the trial Court to initiate the proceedings under Section 340 Cr.P.C. against various persons including petitioner -Sarabjit Rai.
Thereafter, FIR No. 171 dated 18.12.2008 was also registered under Sections 420,195,211,465,467,468,471 and 120 -B IPC against as many as 13 persons at Police Station Raikot, which was challenged before this Court and the same was, however, quashed vide aforesaid judgment i.e. 23.9.2009.
(2.)THE present petition has been filed under Section 482 Cr.P.C. for quashing of summoning order dated 12.1.2010 passed in Criminal Complaint No. 3 dated 12.1.2010 titled as "State Vs. Amar Singh and others" as well as all subsequent proceedings arising therefrom.
(3.)BRIEFLY , the facts of the case are that FIR No. 46 dated 11.6.1996 was registered for murder of one Jagseer Singh under Sections 364,302,201,148 and 149 IPC at Police Station Bhadaur against five persons, namely, Nachhattar singh @ Khanda, Sira @ Jagsir Singh, Amarjit Singh, Nikka Singh and Surjit Singh. All the aforesaid accused persons faced trial and ultimately were convicted vide judgment dated 18.7.1998 passed by Additional Sessions Judge, Barnala for the commission of offences punishable under Sections 364,302,148,149 and 201 IPC and sentenced to undergo life imprisonment. Aggrieved by the said judgment of conviction and order of sentence dated 18.7.1998, all the five accused persons preferred a common appeal i.e. Crl. Appeal No. 322 - DB of 1998 before this Court. During the pendency of said appeal, an application was moved on behalf of all the accused persons stating therein that Jagseer Singh, the alleged deceased, for which the accused were tried and convicted is still alive and hence a false case was registered against them. Crl. Appeal No. 322 -DB of 1998 was allowed, conviction and sentence was set aside and the accused were acquitted of all the charges framed against them vide judgment dated 23.9.2009. Their conviction as well as sentence was set aside. The accused were also awarded compensation to the tune of Rs. 20 lacs each vide aforesaid judgment. SHO, Police Station Bhadaur, District Barnala was directed to register FIR afresh on the basis of statement of Nachhatar Singh @ Khanda, investigate the same and to proceed as per law. A direction was also issued to the trial Court to initiate the proceedings under Section 340 Cr.P.C. against various persons including petitioner -Sarabjit Rai.
Thereafter, FIR No. 171 dated 18.12.2008 was also registered under Sections 420,195,211,465,467,468,471 and 120 -B IPC against as many as 13 persons at Police Station Raikot, which was challenged before this Court and the same was, however, quashed vide aforesaid judgment i.e. 23.9.2009.
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