Rohit Kumar Murghai vs State of Punjab and Others

Kanwaljit Singh Ahluwalia, J.—Present petition has been filed u/s 482 Code of Criminal Procedure praying that Commissioner of Police, Jalandhar, Respondent No. 2, be directed to hold a free and a fair enquiry into the allegations made in the representation, addressed to DGP, Punjab submitted by the mother of the Petitioner dated 17.5.2011, Annexure P-1.

This Court on May 24, 2011 had passed the following order:

Petitioner, who is a part of the crime, in this petition has made all out efforts to exculpate himself and inculpate Rajinder Kumar Raju - Respondent No. 4 and other persons. Whereas, Rajinder Kumar Raju has lodged a case FIR No. 83 dated 11.05.2011 at Police Station Division No. 4, Jalandhar u/s 13A/3/67 of the Punjab Gambling Act, 1867 and Sections 420/406 IPC (Annexure P-3). It is yet to be ascertained whether the Petitioner is accused in the FIR (Annexure P-3) or not. The Petitioner had stated that he is ready and willing to become approver and unearth the crime perpetuated by Rajinder Kumar Raju - Respondent No. 4.

Issue notice of motion. On the asking of the Court, Mr. B.S. Sra, Additional advocate General, Punjab, accepts notice on behalf of Respondents No. 1 & 2. A copy of the petition has been supplied to him.

Considering the averments made in this petition, Commissioner of Police, Jalandhar is called upon to file an affidavit in response to the present petition before the next date of hearing. In case he fails to do so, he shall be present in this Court in person on the date fixed.

List on 30th May, 2011.

Copy of this order be handed over to Counsel for the State.

Today, Counsel for the Petitioner has placed on record reply on behalf of Respondents No. 1 & 2 by way of an affidavit of Gaurav Yadav, IPS, Commissioner of Police, Jalandhar. Counsel for the State, on instructions from Inspector S. K. Malhotra, P.S. Division No. 4, Jalandhar, who has come to assist him, has stated that the investigation is in progress and is at a very sensitive stage and in case the Petitioner comes forward to assist the investigating agency, his arrest will not be effected immediately till a final opinion is formulated regarding involvement of the Petitioner. To allay the apprehension of Counsel for the Petitioner that in case the Petitioner appears before the investigating agency he will be immediately arrested, Shri Sra, on instructions from Inspector S.K. Malhotra, has submitted that in case the Petitioner joins the investigation, his arrest will not be effected and a 7 days prior notice shall be served upon him.

Counsel for the Petitioner has stated that the present petition be disposed of in terms of the statement made by counsel for the State.

Ordered accordingly.

At this stage, Shri Navkiran Singh, Counsel for the Petitioner, has stated that an enquiry be also conducted into the representation submitted by the mother of the Petitioner. Counsel for the State has stated that various complaints including the representations submitted by the mother of the Petitioner that large scale racket in gambling is in operation, the police shall formulate comprehensive view considering the representations made by the mother of the Petitioner also.