Chandigarh Police ex-SI, constable jailed for falsely implicating lawyer

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Chandigarh, December 27

Judicial Magistrate (First Class) Bharat has convicted retired SI Harbhajan Singh and a serving constable of the Chandigarh Police of falsely implicating an advocate in an accident case registered 16 years ago.

The court sentenced Harbhajan Singh to two-year rigorous imprisonment after convicting him under Sections 167 (a public servant framing an incorrect document), 211 (false charge of offence made with an intent to injure) and 220 (commitment for trial or confinement by a person having authority who knows that he is acting contrary to law), IPC, and also imposed a fine of Rs 4,000 on him. Constable Vijay Kumar has been sentenced to one-year rigorous imprisonment after being convicted for the offences punishable under Sections 167 and 211, IPC. The court imposed a fine of Rs 2,000 on him. The court delivered the judgment on a complaint filed by advocate Gurpal Singh Bains, a resident of Kharar, through advocate Arvinder Pal Singh.

In the complaint, Bains said both accused had falsely implicated him in an FIR registered under Sections 279, 337 and 304-A of the IPC at the Sector 26 police station in Chandigarh on June 3, 2006, relating to an alleged accident that took place at 10:15 pm within the area under the police station. The advocate claimed that from 6 pm onwards on June 3 his car was taken into custody under Section 25 of the Police Act by the Maloya police post, Chandigarh.

A DDR was also registered regarding this at Maloya. He got it released on June 7, 2006, as per the order of the SDM, Chandigarh. He alleged that despite telling the fact, SI Harbhajan Singh, posted at the Bapu Dham Colony police post, and the constable were adamant to illegally implicate him in the FIR. He said he also filed a complaint to the SSP, Chandigarh, on June 15, 2006, for investigation by a high-ranking police officer, but in vain. He approached the High Court that ordered for a reinvestigation into the FIR. The DSP (South) carried out the reinvestigation and concluded that the complainant had been falsely arrested in the case.

After considering the reinvestigation report, the Magistrate discharged Bains vide order dated August 22, 2008, from the case.

He said no action was taken against the policemen by the Police Department for falsely charging him in a false criminal case.

The counsel for the accused denied all charges.

Rigorous imprisonment

The court has sentenced ex-SI Harbhajan Singh to two-year rigorous imprisonment and Constable Vijay Kumar to one-year RI.