Sunir Sharma @ Sonu vs State of Punjab

S.S. Saron, J.—This petition has been received in the Curt through Jail. The petitioner has stated that due to enmity he has been implicated in two false and frivolous cases by the Superintendent of Police City-II, Amritsar and the police of Police Station Chheharta as well as Police Station Civil Lines, Amritsar. He states that he is totally innocent and has not committed any offence. It is further stated that he is confined in judicial lock up for 20-22 days and has got apprehension that when he is released on bail, then he would be implicated in some other false case. It has been prayed that directions be issued to the police authorities to cancel the F.I.R. registered against him and he be not implicated in any other false case by the police of Amritsar district.

Notice of the case was issued to the Advocate General, Punjab, on 29.11.2001. Reply by way of an affidavit has been filed by Deputy Superintendent of Police (Rural) Amritsar on behalf of the respondent/State of Punjab.

In the reply, it is denied that the petitioner was implicated in case FIR No. 153 dated 30.8.2001 due to enmity with the Superintendent of Police City II, Amritsar. The petitioner was arrested on 30.8.2001 in the said F.I.R. which was registered for the offences under Sections 307, 382, 448, 447, 506, 511, 148 and 149 I.P.C. and Sections 25/27 of the Arms Act, registered at Police Station Chheharta. This FIR was recorded on the statement of one Yadavinder Singh son of Sham Singh Majbhi resident of Varind Suba Singh P.S. Varowal. Recoveries were made from the petitioner. It is further stated that another criminal case has also been registered against the petitioner at Police Station Civil Lines and challan in both the cases have since been filed in the Court and both cases are pending trial at Amritsar. Besides, it has also been stated that the petitioner was produced before the Ilaqua Magistrate. On 31.8.2001 within 24 hours of his arrest and after completion of the police remand he was sent to the judicial lock up. Later on the has also been released on bail and was on bail thereafter. The police of Police Station Chheharta has never harassed him. Remaining contents of the application have been denied.

I have heard the learned A.A.G. Punjab appearing for the State of Punjab and gone through the records of the case.

The learned A.A.G. relies upon the judgment of the Apex Court in the case of State of Bihar and Another Vs. P.P. Sharma, IAS and Another, , wherein it has been observed as follows:-

"We are of the considered view that at a stage when the Police report u/s 173 Cr.P.C. has been forwarded to the Magistrate after completion of the investigation and the material collected by the investigation officer is under the judicial scrutiny, the High Court would do well to discipline itself not to undertake quashing proceedings in that stage in exercise of its jurisdiction."

In view of the fact that challan in the case has been presented and the petitioner has also been released in bail, it is for the petitioner to pursue his remedy before the learned trial Court in an appropriate manner. The allegation of harassment having been specifically denied by way of affidavit, no further action in the petition is necessary. Consequently, the present misc. application is dismissed.