Full Judgment Text
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.2530 OF 2014
ZORAWAR SINGH & ANR.
... APPELLANT(S)
VS.
GURBAX SINGH BAINS & ORS.
... RESPONDENT(S)
O R D E R
While dismissing Criminal Appeal No.2530/2014 [Zorawar
Singh & Anr. Vs. Gurbax Singh Bains & Ors.] vide our
th
judgment and order dated 4 December, 2014, Reported in
(2015) 2 SCC 572, 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is held illegal and improper and stands withdrawn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.
Signature Not Verified
Digitally signed by
SARITA PUROHIT
Date: 2016.11.10
13:54:12 IST
Reason:
17.4.We direct the concerned Superintendent
of Police to conduct thorough investigation into
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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.”
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.
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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Ms. Kamini Jaiswal, the learned counsel appearing for
Respondent No.1, has submitted that the investigation in
question was not in conformity with the direction issued by
this Court. This part is objected to by Ms. Vibha Datta
Makhija, the learned senior counsel appearing for the other
side.
Be that as it may, since appropriate report under
Section 173 now stands filed before the concerned Court, we
leave the entire matter to be considered by the concerned
Court.
It goes without saying that the Court will bestow due
attention to the report under Section 173 in accordance
with law and also in keeping with the directions passed by
this Court. If Respondent No.1 prefers any protest
petition, the Court will consider the entire matter
including such protest petition as well as any other
objection, if preferred thereto, and pass appropriate
orders in accordance with law.
In so far as the report in compliance of our direction
in paragraph 17.7 is concerned, a report has been submitted
by the Chief Secretary, Government of Punjab. We have gone
through the reports and see no reason to carry the matter
further and we close the matter. The reports be returned
to the Chief Secretary, Government of Punjab in a sealed
cover.
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The proceedings are formally closed with the above
directions.
..............J.
[ANIL R. DAVE]
..............J.
[UDAY UMESH LALIT]
New Delhi;
th
7 November, 2016.
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ITEM NO.301 COURT NO.2 SECTION IIB
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s).2530/2014
ZORAWAR SINGH & ANR. Appellant(s)
VERSUS
GURBAX SINGH BAINS & ORS. Respondent(s)
(With office report for direction)
Date : 07/11/2016 This appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ANIL R. DAVE
HON'BLE MR. JUSTICE UDAY UMESH LALIT
For Appellant(s) Ms. Vibha Datta Makhija,Sr.Adv.
Mr. Aman Preet Singh Rahi,Adv.
For Mr. A. Venayagam Balan,Adv.
For Respondent(s) Mr. V. Madhukar,AAG
State Ms. Anvita Cowshish,Adv.
For Mr. Jagjit Singh Chhabra,Adv.
No.1 Ms. Kamini Jaiswal,Adv.
Ms. Shumaila Altaf,Adv.
Mr. Jatinderpal Singh,Adv.
Mr. Gaurav Jain,Adv.
For Ms. Abha Jain,Adv.
Mr. Kuldip Singh,Adv.(Not present)
Mr. Rahul Pratap,Adv.(Not present)
UPON hearing the counsel the Court made the following
O R D E R
The proceedings are closed in terms of the signed
reportable order.
(Sarita Purohit) (Sneh Bala Mehra)
Court Master Assistant Registrar
(Signed reportable order is placed on the file)
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