High Court warns Punjab Police of further costs for delays in fraud case investigation

Saurabh Malik

Chandigarh, June 23

Virtually rapping the Punjab Police for displaying lack of intent to probe an online fraud case despite the imposition of Rs 1 lakh costs on its officers, the Punjab and Haryana High Court has once again emphasised its zero-tolerance stance on investigative delays by warning the investigating agency of additional costs in the absence of any progress in the matter.

“It appears that despite having been saddled with cost of Rs1 lakh vide order dated April 29, there has been no change in the intent of the investigating agency… In case, no concrete steps are taken towards the investigation of FIR which relates back to 2021, the investigating agency shall be burdened with costs of another Rs 1 lakh,” Justice Harkesh Manuja asserted.

The asserted came after Justice Manuja referred to a status report filed in the matter before observing notices had been issued to a mobile company. But further steps such as issuance of notice under Section 160 of the CrPC had not been taken, reflecting the slow pace of investigation. A notice under Section 160 empowers the police to require the attendance of witnesses.

The assertion came on a petition filed against the state of Punjab and other respondents by Puneet Gupta through counsel KS Dadwal. Justice Manuja’s Bench, on a previous date of hearing, had asserted the record’s perusal showed the case in hand was registered on November 12, 2021. Even after expiry of almost two-and-a-half years, the investigation had not been concluded and final report was yet to be submitted.

Justice Manuja had added the online fraud victim was compelled to initiate legal proceedings after enduring a prolonged period of inaction by the police. The Bench had observed: “The petitioner, who has been defrauded of Rs 28.84 lakhs on account of an online fraud, is running after the investigating agency for the last more than two-and-a-half years with no results, thereby compelling him to approach this court by way of filing the present petition.”

Considering the lackadaisical attitude on the investigating agency’s part, Kapurthala Senior Superintendent of Police was directed to compensate the petitioner with Rs 1 lakh. The amount was to be recovered proportionately from the SHOs concerned, who remained in office since the date of FIR registration till to date. The case will now come up before Bench for further hearing in August second week.