Shingara Singh vs State of Punjab

Alok Singh, J. (Oral)

Present petition is filed assailing the order dated 09.11.2010 passed by Special Judge, Hoshiarpur, thereby dismissing the application moved by the prosecution seeking discharge of the accused Shingara Singh (revisionist herein).

The brief facts of the present case are that an FIR No. 116 dated 18.09.2001, under Sections 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 482, 465, 467,468,471 IPC, was registered with the Police Station Garhshankar, District Hoshiapur. After thorough investigation, police has submitted challan before the Court against Kuldip Singh and Paramjit Singh, however, Shingara Singh was not found involved in the said offences, hence, his name was mentioned in column No. 2 of the challan. Learned Trial Court having satisfied about the involvement of Shingara Singh in the said offence, pleased to summon Shingara Singh as an additional accused under Section 319 of the Code of Criminal Procedure. It is further revealed from the record that thereafter charges were framed against the present revisionist Shingara Singh, as well as, two other coaccused namely, Kuldip Singh and Paramjit Singh on 15.04.2002. Record further reveals that thereafter Shingara Singh remained absent, hence, he was ultimately declared proclaim offender.

Revisionist was again arrested and was sent to judicial custody and thereafter, an application was moved by the prosecution seeking discharge of the accused Shingara Singh (revisionist), which was dismissed by the learned Trial Court vide impugned order.

I have heard learned counsel for the petitioner and perused the material available on the record, at this stage.

Undisputedly, petitioner''s name was mentioned in FIR No. 116 dated 18.09.2001 foranoffence under Section 15 of the NDPS Act read with Sections 482, 465, 467, 468 and 471 IPC registered with Police Station Garhshar kar, District Hoshiarpur. Undisputedly, thereafter after investigation, challan was submitted by the police against the two other coaccused, namely, Kuldip Singh and Paramjit Singh; wherein mentioning the name of Shingara Singh revisionist in column No. 2. Undisputedly, thereafter, Court has summoned the revisionist accused Shingara Singh while exercising the power under Section 319 of the Code of Criminal Procedure. Thereafter, charges were framed against Shingara Singh revisionist, as well as, two other coaccused, namely, Kuldip Singh and Paramjit Singh. It seems thereafter Shingara Singh remained absent and he was declared proclaimed offender and his trial was segregated and judgment was passed against the other co accused on 01.05.2007. Thereafter, the present petitioneraccused/revisionist was arrested on 24.08.2009 and since then he is in judicial custody. Now, the prosecution has moved an application seeking discharge of the accused.

Very interesting and important question arises before this Court, As to whether prosecution can move application seeking discharge of the accused who has been summoned by the Court under Section 319 Cr.P.C. as an additional accused to face the trial?

Answer obviously is No. As mentioned herein before, initially police did not file any challan against the petitioner revisionist, however, Court itself has summoned the revisionist to face the trial under Section 319 Cr.P.C. as an additional accused.

In the opinion of this Court, when a person is summoned under Section 319 of the Code by the Trial Court to face trial as an additional accused, police has absolutely no right to ask for the discharge of the accused simply because police has not found him involved in the offence at the time of investigation. Application moved by the S.H.O., P.S. Garhshankar, District Hoshiarpur, is not only misconceived but seems to be abuse of process of law with ulterior motive to benefit the accused facing trial for serious offences. It is further revealed from the record that accused Shingara Singh is also accused in FIR No. 25 dated 13.1.2004, Police Station Sadar Hoshiarpur under Section 15 of N.D.P.S. Act, as well as, in FIR No. 68 dated 21.4.2004, Police Station Mahilpur, under Section 15 of the N.D.P.S. Act.

Present petition.is dismissed.

Copy of this order be forwarded to the Chief Secretary, Punjab, as well as, Home Secretary and Director General of Police, Punjab, to take appropriate action against the officer who has moved the application seeking discharge of the accused. Registry is directed to forward the copy of this order immediately to take immediate action. Action taken shall be placed on record before this Court, within 120 days.

Learned Trial Court is directed to proceed with the trial in accordance with law without being prejudice from any observation made herein above.