Surinderjit Singh Mand & Anr vs State Of Punjab & Anr

2. Surinderjit Singh Mand and P.S. Parmar, the appellants before this Court, while holding the rank of Deputy Superintendent of Police, were posted in District Kapurthala, in the State of Punjab, during the relevant period in 1999. Piara Lal (holding the rank of Assistant Sub-Inspector), was also posted at Kapurthala, at the same time. The above mentioned Piara Lal’s son - Neeraj Kumar was officially arrested on 28.06.1999. The arrest of Neeraj Kumar, was made in furtherance of a First Information Report bearing No.30, which was registered at Police Station City, Kapurthala on 03.03.1999. Before the arrest of Neeraj Kumar, his father Piara Lal was placed under suspension on 10.06.1999. The aforesaid FIR No.30, we were informed, was in respect of complaints made by residents of Kapurthala, pertaining to theft of motorcycles and other vehicles in the city.

3. It was pointed out, that while investigating into the allegations contained in the complaint dated 03.03.1999, three persons including Neeraj Kumar were arrested on 28.06.1999. Neeraj Kumar was granted bail on 30.06.1999. In the above view of the matter, it is apparent that Neeraj Kumar had remained in jail for just about two/three days (from 28.06.1999 to 30.06.1999). Usha Rani - mother of Neeraj Kumar (detained during the investigation of FIR No. 30), filed a representation asserting, that her son had been detained on 24.06.1999 (and not on 28.06.1999, as alleged). That would make the duration of his arrest as of six/seven days. The present controversy pertains to the additional four/five days of the arrest of Neeraj Kumar. Her complaint highlighted, that her son – Neeraj Kumar was apprehended illegally and unauthorisedly for the period from 24.06.1999 to 28.06.1999 i.e., for four/five days.

5. Usha Rani (mother of Neeraj Kumar) made another written complaint, this time to the Hon'ble Administrative Judge (a sitting Judge of the Punjab and Haryana High Court) having charge of Sessions Division, Kapurthala, on 01.10.1999. In her complaint, she reiterated, that her son Neeraj Kumar had been illegally detained by police personnel, on 24.06.1999. The Hon'ble Administrative Judge marked the complaint, dated 01.10.1999, to an Additional District and Sessions Judge, posted in the Sessions Division of Kapurthala, requiring him to look into the matter. On 25.09.2000, the concerned Additional District and Sessions Judge, Kapurthala, submitted a report concluding, that Neeraj Kumar had been falsely implicated, because he and some other accused had been discharged by a Court, from the proceedings initiated against them. Based on the aforesaid report dated 25.09.2000, First Information Report bearing No.46, came to be registered at Police Station City Kapurthala, on 22.10.2002.

6. After completion of police investigation in the above FIR No.46, a chargesheet was filed against six police officials, in the Court of the Chief Judicial Magistrate, Kapurthala, on 25.05.2003. Before the aforesaid chargesheet was filed, the prosecution had obtained sanction under Section 197 of the Code of Criminal Procedure (hereinafter referred to as, the ‘Code’) for prosecuting the six concerned police officials. It is also relevant to mention, that it was the express contention of the appellants, that on the conclusion of investigation, no involvement of the appellants had emerged, and therefore, their names were recorded in Column No.2. It was submitted, that the aforesaid depiction of the names of the appellants in Column No.2 by itself, demonstrates their innocence (with reference to the allegations made by Usha Rani, that her son Neeraj Kumar had been illegally detained from 24.06.1999).

8. Consequent upon the appellants having been summoned by the trial Court, charges were framed against them on 23.12.2006. The order passed by the trial Court framing charges against the appellants on 23.12.2006 was assailed by the appellants, through Criminal Revision No.348 of 2007. The primary submission advanced on behalf of the appellants before the High Court was, that the Chief Judicial Magistrate, Kapurthala, could not have proceeded against them, in the absence of sanction of prosecution, under Section 197 of the ‘Code’. The High Court, by its order dated 09.01.2008, dismissed the Criminal Revision filed by the appellants. The above order dated 09.01.2008 is subject matter of challenge through the instant appeal.

14. Based on the aforesaid provisions of the ‘Code’, there cannot be any serious doubt about the fact, that Surinderjit Singh Mand and P.S. Parmar, were holding the rank of Deputy Superintendent of Police, at the relevant time (from 24.06.199 to 28.06.1999). Both the appellants were “...officers superior in rank to an officer in charge of a police station...”. Both the appellants were therefore possessed with the authority to detain and arrest, Neeraj Kumar at the relevant time (from 24.06.1999 to 28.06.1999). The question for complying with the requirements in Sections 49, 50 and 50A does not arise for the period under reference (from 24.06.1999 to 28.06.1999), because Neeraj Kumar according to official police records, was arrested only on 28.06.1999. The position adopted by the appellants was, that Neeraj Kumar was not under detention for the period from 24.06.1999 to 28.06.1999.

20. While dealing with the first contention, we have already recorded our conclusions, which are sufficient to dispose of the matter under consideration. But, an important legal proposition has been canvassed, as the second submission, on behalf of the respondents (which we have recorded in the foregoing paragraph). Since it squarely arises in the facts and circumstances of this case, we consider it our bounden duty, to render our determination thereon, as well. In the succeeding paragraphs, we will deal with the second contention.

The grant of sanction under Section 197, can be assailed by the accused by taking recourse to judicial review. Likewise, the order declining sanction, can similarly be assailed by the complainant or the prosecution.

24. For the reasons recorded hereinabove, and in view of the conclusions recorded by us in paragraph 17, we are of the view that there is no merit in the instant appeal and the same deserves to be dismissed. Ordered accordingly.

JULY 05, 2016.

Criminal Appeal No(s).565/2016 @ SLP(Crl.) No.3406/2008 SURINDERJIT SINGH MAND & ANR. Appellant(s) VERSUS STATE OF PUNJAB & ANR. Respondent(s) [HEARD BY HON'BLE JAGDISH SINGH KHEHAR AND HON'BLE C.NAGAPPAN, JJ.] Date : 05/07/2016 This appeal was called on for pronouncement of judgment today.

For Appellant(s) Mr. Yash Pal Dhingra,Adv.

Hon'ble Mr. Justice Jagdish Singh Khehar pronounced the judgment of the Bench comprising His Lordship and Hon'ble Mr. Justice C. Nagappan.

For the reasons recorded in the Reportable judgment, which is placed on the file, the appeal is dismissed.