'Cheating' case: HC questions Ludhiana police for registering FIR despite earlier probe finding allegations baseless

The Punjab and Haryana High Court has directed the Ludhiana Commissioner of Police (CP) to furnish an explanation on how the local police initiated fresh proceedings on allegations that had already been found baseless in an earlier inquiry concluded long back and approved by the CP. He has also been asked to explain whether such actions violate Punjab DGP’s circular dated April 1, 2008, as well as the court’s ruling, which bars multiple inquiries on the same allegations, except under the orders of courts or statutory bodies.

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Justice Harpreet Singh Brar passed the directions while hearing a petition seeking the quashing of an FIR registered on December 16, 2024, under Sections 419 (cheating by personation), 384 (extortion), 506 (criminal intimidation) of the IPC and Section 66-C of the Information Technology Act at the Focal Point police station under the Ludhiana Commissionerate. Directions were also sought for quashing all consequential proceedings.

Advocates for the petitioner, Ishan Gupta, Muskan Gupta and Sahil Matharoo, argued that the FIR was an act of overreach by the local police since the same allegations had earlier been thoroughly examined by the jurisdictional police authorities.

It was added that a detailed inquiry, culminating in a report dated October 3, 2023, did not find substance in the allegations. The CP duly approved the report, after which the petitioner’s earlier writ petition was disposed of as infructuous by the high court on December 13, 2023, relying on the said inquiry report.

Despite the closure, the petitioner contended that the local police proceeded to register a fresh FIR on the same set of facts. Gupta argued on the petitioner’s behalf that it was contrary to the law laid down by the high court in the case of Jaswinder Singh versus Punjab decided on January 12, 2009.

The court, in the judgment, categorically held that once an inquiry was conducted and concluded, no further inquiry ought to be held by the police except on the orders of courts, the Human Rights Commission, other statutory bodies of the state, or as specifically permitted under the instructions issued by the Director-General of Police.

Taking note of the legal provisions, Justice Brar directed the Ludhiana Commissioner of Police to file a detailed affidavit explaining whether the conduct of the jurisdictional police authorities violated both the DGP’s circular and the principles laid down in case of Jaswinder Singh.

The court also sought clarity on how the jurisdictional police embarked upon a second inquiry and proceeded to register the FIR against the petitioner on identical allegations, despite the earlier inquiry report dated October 3, 2023, which found the allegations baseless. The matter has been adjourned to September 15 for further proceedings.