Crl. Misc. No. M-3731 of 2011 [ 1 ] IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-3731 of 2011 Date of Decision: April 21,2011 Court on its own motion .......................... Petitioner Versus State of Punjab .................................... Respondent Coram: Hon'ble Ms. Justice Ritu Bahri 1.To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? Present: By order. Mr. Raghubir Chaudhary, Sr. DAG, Punjab. ... RITU BAHRI, J. The matter relates to Balwinder Kumar being cited as a witness constantly. An anonymous complaint dated 26.7.2010 was submitted to Hon'ble the Chief Justice wherein it was submitted that Shri Balwinder Kumar son of Shri Mulkh Raj resident of Mohalla Miran Bai Chowk, Ropar, is appearing as prosecution witness in 100 cases (police cases). Some matters are pending in the Judicial Courts at Ropar and some have been decided. The allegation is that Shri Balwinder Kumar becomes prosecution witness to grab Crl. Misc. No. M-3731 of 2011 [ 2 ] money from innocent persons/accused parties and after settlement, he shared the money with the police. The District & Sessions Judge, Rupnagar, sent a report dated 17.8.2010 in which details of 39 cases in which Balwinder Kumar son of Mulkh Raj has appeared as prosecution witness has been given. On 3.11.2010 the District & Sessions Judge, Rupnagar, informed this Court that the Senior Superintendent of Police, Rupnagar, vide letter dated 29.10.2010 had sent a report that Balwinder Kumar son of Mulkh Raj resident of Mohalla Miran Bai Chowk, Ropar, has been cited as witness in as many as 37 cases. He is a local resident and generally in the habit of wandering and has knowledge regarding good and bad persons of the city. When a case is registered, he is found present at the spot and therefore he joined as a witness. The reply given by the Senior Superintendent of Police, Rupnagar, was not found satisfactory. The complaint is being entertained under Section 482 Cr.P.C. On 4.2.2011, Mr. Munish Kumar, AAG, Punjab, accepted notice and sought time for filing detailed status report on behalf of the State. On 5.4.2011 the affidavit of Shri Jatinder Singh Aulakh, Senior Superintendent of Police, Rupnagar, has been filed which is dated 4.4.2011. As per the affidavit, the Deputy Superintendent of Crl. Misc. No. M-3731 of 2011 [ 3 ] Police, Sub Division Rupnagar, was directed to inquire into the subject relating to Balwinder Kumar being cited as a prosecution witness in number of cases. As per the report sent by the DSP, Balwinder Kumar son of Mulkh Raj is aged 60 years and is resident of Mohalla Miran Bai Chowk, Ropar. He is running Prince Tailors Shop in Main Bazar, Ropar, for the last more than 20 years and is known to the large number of persons of Ropar and adjoining areas. He usually visits the police stations to settle the disputes of various persons as local citizen and has been cited as prosecution witness in some of the cases registered against the persons since the year 2002 onwards. In total Balwinder Kumar was cited as prosecution witness in 39 cases between the period 2002 to 2009. After 2009, he has not been cited as a prosecution witness in any case/FIR. As per the affidavit the total number of cases registered in Police Station Sadar Ropar since 2002 upto year 2006 are about 1363 and since 1.8.2006, Police Station City Ropar was notified as Police Station by the Punjab Government. Thereafter, the total number of cases registered with Police Station City Ropar upto the year 2009 are 658, hence total number of cases of Police Station City Ropar and Police Station Sadar Ropar during the said period of 2002 to 2009 are 2021. Balwinder Kumar is a prosecution witness in 39 cases. It is being denied that Balwinder Kumar was to be kept as a witness on Crl. Misc. No. M-3731 of 2011 [ 4 ] account of any sort of malafide on the part of the police. There is no report with the police that Balwinder Kumar firstly becomes the witness and thereafter settles the dispute by taking money. In case any information in this regard is received by the respondent, immediate action will be taken as per law. After going through the affidavit filed by the Senior Superintendent of Police, Rupnagar, this Court is of the view that out of the 2021 cases pending in Police Station City Ropar and Police Station Sadar Ropar, Balwinder Kumar is a prosecution witness in 39 cases. No information has been received by the police on the allegation that Balwinder Kumar becomes a witness and then settles the dispute by taking money, this criminal miscellaneous is disposed of by giving a direction to the Senior Superintendent of Police, Rupnagar, that if a complaint is received on account of any allegation against Balwinder Kumar, it shall be looked into and action would be taken as per law. 21.4.2011 ( RITU BAHRI ) Rupi JUDGE