Accused sitting abroad can’t seek fair probe: Punjab and Haryana High Court

Saurabh Malik

Tribune News Service

Chandigarh, July 6

The Punjab and Haryana High Court has made it clear that an accused sitting abroad can’t ask for a “fair and impartial probe” through remote control. Justice HS Madaan of the High Court also made it clear that joining of the probe was a precondition.

Justice Madaan was hearing a petition filed by an accused facing the cheating and rape charges. Hailing from a Patiala village but residing in Canada, the petitioner had moved the court, seeking directions to the police authorities to conduct fair and impartial probe on the basis of a legal representation submitted through his counsel.

The Bench, during the course of hearing, was told that the 28-year-old petitioner was an accused in an FIR registered in November 2019 under Sections 420 and 376, IPC, at Sohana police station.

Justice Madaan asserted the petition, on the face of it, was totally misconceived and unwarranted. The petitioner, accused of serious offences of cheating and rape, had not joined the probe as admitted by his counsel. As such, the petitioner wanted the court to issue direction to the official respondents with regard to the carrying out of the probe without joining it.

Justice Madaan added nothing on record was there to show that the investigation in the case was not being conducted in a fair or an impartial manner. “The petitioner is using novel method of himself remaining abroad while the FIR has been registered against him in India and sending a representation to the police authorities through his counsel making various allegations calling for conducting investigation in light thereof.”

Justice Madaan added the proper course for the petitioner-accused was to join the probe and then apprise the investigating officer (IO) of his version. “He can’t remain abroad, not join the probe and submit a representation through his counsel.” “The petitioner can certainly not file such a petition finding faults with the probe in this manner. The petition is bound to fail and is dismissed accordingly,” he concluded.

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