Saurabh Malik
Chandigarh, April 30
In a significant judgment liable to change the way police investigations continue to drag for months together, the Punjab and Haryana High Court has imposed costs on Punjab for making an assault case ‘victim’ approach the court for conclusion of a probe pending for a year.
Justice Harkesh Manuja also made it clear that the costs would be reimbursed by the official concerned responsible for the delay in filing the final report and might ‘even include the Kapurthala SSP office’.
Justice Manuja added that the costs totalling Rs 20,000 would be paid to the petitioner. For the purpose, the Bench has set a week’s deadline. The amount might appear nominal at the first glance, but the court’s decision is significant as the imposition of costs is expected to serve as a crucial deterrent against delays in the investigation process.
The direction came on a petition filed against Punjab and other respondents by those injured in an attack through counsel Charan Jit Sharma. He was, among other things, seeking direction to the state and other respondents for conducting a free and impartial investigation on an FIR registered on April 15. 2023, for attempt to murder and other offences under various sections of the IPC at Sultanpur Lodhi police station in Kapurthala district.
Sharma contended that the petitioner and his mother sustained injuries after being attacked by their kin. An FIR was registered, but no accused was arrested. They were, rather, roaming and threatening the petitioner repeatedly, he said.
The counsel for the state said attempt to murder offence under Section 307 had been deleted in terms of the medical records. But the file forwarded to the office of Kapurthala SSP on December 31, 2023, was pending consideration.
Disposing of the petition, Justice Manuja directed the official respondents to conclude the investigation before submitting the final report before the illaqa magistrate within two weeks.
“In case the compliance is not done before the listing of the application, the Kapurthala SSP shall remain present in the court to explain the delay in filing the final report. Further, it is directed that the petitioner be compensated for Rs 20,000 for approaching this court, seeking direction to the investigating agency to conclude the probe,” he concluded.
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