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2025 DAILYLAW 16445 (PNJ)

BALJINDER KAUR AND ANR. v. STATE OF PUNJAB AND OTHERS

CWP/2495/2022 · 2025-07-08

Kuldeep Tiwari

body2025

Judgment text

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CWP-2495- IN THE HIGH COURT OF PUNJAB AND HARYANA (104) Baljinder Kaur and another State of Punjab CORAM: Present: KULDEEP TIWARI 1. the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents the death of one, Krantibir Singh, who according to the petitioner on account of overdose of drugs persons qua compensation to the family of the 2. way of affidavit of Mr. Arpit Shukla, IPS, Special Director General of Police (Law and Order), P been filed by learned counsel for the State, today in the Court. The same is -2022 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Baljinder Kaur and another Versus State of Punjab and others HON’BLE MR. JUSTICE KULDEEP TIWARI Mr. Karan Bhardwaj, Advocate for the petitioners. Mr. Sahil R. Bakshi, AAG, Punjab for respondents No.1 to 9 and 12. Mr. Piyush Khanna, Advocate for respondent No.15. **** KULDEEP TIWARI, J.(ORAL) Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon the respondents/State of Punjab, particularly the death of one, Krantibir Singh, who according to the petitioner on account of overdose of drugs, and register an FIR, against the accused qua the death of Krantibir Singh, and further for grant of adequate compensation to the family of the victim/deceased. Upon notice in the instant petition, reply dated 04.07.202 way of affidavit of Mr. Arpit Shukla, IPS, Special Director General of Police (Law and Order), Punjab, Chandigarh, on behalf of the respondent No.4, has been filed by learned counsel for the State, today in the Court. The same is 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2495-2022 Date of Decision : 08.07.2025 …Petitioners Versus ...Respondents KULDEEP TIWARI Mr. Karan Bhardwaj, Advocate Mr. Sahil R. Bakshi, AAG, Punjab for respondents No.1 to 9 and 12. Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon particularly to respondent No.6, to investigate the death of one, Krantibir Singh, who according to the petitioners, had died , and register an FIR, against the accused , and further for grant of adequate victim/deceased. petition, reply dated 04.07.2025, by way of affidavit of Mr. Arpit Shukla, IPS, Special Director General of Police unjab, Chandigarh, on behalf of the respondent No.4, has been filed by learned counsel for the State, today in the Court. The same is Through the instant writ petition, cast under Articles 226/227 of the Constitution of India, a prayer is made for issuance of a mandamus, upon respondent No.6, to investigate , had died , and register an FIR, against the accused , and further for grant of adequate 5, by way of affidavit of Mr. Arpit Shukla, IPS, Special Director General of Police unjab, Chandigarh, on behalf of the respondent No.4, has MANPREET SINGH been filed by learned counsel for the State, today in the Court. The same is 2025.07.10 18:45 I attest to the accuracy and authenticity of this order/judgment CWP-2495- taken on record. Copy whereof, has been supplied to learned counsel for the petitioners. 3. conducting of an enquiry, but also 27.04.2022, under Sections 304/34 of Indian Penal Code, at Police Station Bhindi Saida Sucha Singh, Nepal, Tehsil Ajnala, District Amritsar. 4. (supra), has already been concluded learned Illaqa Magistrate concerned, on dated 15.01.2025, and even, the learned trial Court concerned, has also framed the charges against the accused persons. Furthermore, SI Harpal Singh Police Station Bhindi Saidan, Amritsar, vide Administrative Order dated 29.04.2022. Subsequently, SI Harpal Singh was found not guilty in the departmental pro proceedings against the delinquent officer were dropped. However, the department proceedings against ASI Joginder Singh, is still under consideration. 5. that one of the prayer of the petitioner has already a departmental taken. The only grievance of the petitioners, which still survives, is grant of adequate compensation -2022 taken on record. Copy whereof, has been supplied to learned counsel for the The study survey of the reply (supra), conducting of an enquiry, but also voices about 27.04.2022, under Sections 304/34 of Indian Penal Code, at Police Station Bhindi Saidan, Amritsar (Rur Sucha Singh, and Labh Singh, son of Mikhi Singh, both hsil Ajnala, District Amritsar. The reply (supra), further voices (supra), has already been concluded, and final report has been submitted to the learned Illaqa Magistrate concerned, on dated 15.01.2025, and even, the learned trial Court concerned, has also framed the charges against the accused persons. Furthermore, the departmental proceedings were SI Harpal Singh, the then Station House Officer, and ASI Joginder Singh, Police Station Bhindi Saidan, Amritsar, vide Administrative Order dated . Subsequently, SI Harpal Singh was found not guilty in the departmental proceedings, by the competent authority concerned, and the proceedings against the delinquent officer were dropped. However, the department proceedings against ASI Joginder Singh, is still under consideration. The above disclosed facts, by the that one of the prayer of the petitioners, as made through the instant petition, already been rendered infructuous, as an FIR departmental action against the delinquent officer/official . The only grievance of the petitioners, which still survives, is grant of adequate compensation to the family of the victim/deceased. 2 taken on record. Copy whereof, has been supplied to learned counsel for the The study survey of the reply (supra), not only reveals about the voices about an FIR No.41 dated 27.04.2022, under Sections 304/34 of Indian Penal Code, 1860, was registere n, Amritsar (Rural), against Sonu Singh, son of and Labh Singh, son of Mikhi Singh, both residents of village voices that the investigation in the FIR , and final report has been submitted to the learned Illaqa Magistrate concerned, on dated 15.01.2025, and even, the learned trial Court concerned, has also framed the charges against the accused the departmental proceedings were also initiated against , the then Station House Officer, and ASI Joginder Singh, Police Station Bhindi Saidan, Amritsar, vide Administrative Order dated . Subsequently, SI Harpal Singh was found not guilty in the ceedings, by the competent authority concerned, and the proceedings against the delinquent officer were dropped. However, the department proceedings against ASI Joginder Singh, is still under The above disclosed facts, by the respondents, clearly reflects , as made through the instant petition, an FIR has already been lodged, and action against the delinquent officer/official, has already been . The only grievance of the petitioners, which still survives, is grant of to the family of the victim/deceased. taken on record. Copy whereof, has been supplied to learned counsel for the about the an FIR No.41 dated registered al), against Sonu Singh, son of of village that the investigation in the FIR , and final report has been submitted to the learned Illaqa Magistrate concerned, on dated 15.01.2025, and even, the learned trial Court concerned, has also framed the charges against the accused initiated against , the then Station House Officer, and ASI Joginder Singh, Police Station Bhindi Saidan, Amritsar, vide Administrative Order dated . Subsequently, SI Harpal Singh was found not guilty in the ceedings, by the competent authority concerned, and the proceedings against the delinquent officer were dropped. However, the department proceedings against ASI Joginder Singh, is still under respondents, clearly reflects , as made through the instant petition, , and already been . The only grievance of the petitioners, which still survives, is grant of MANPREET SINGH 2025.07.10 18:45 I attest to the accuracy and authenticity of this order/judgment CWP-2495- 6. approach the competent auth grant of adequate compensation 7. liberty as aforesaid. July 08, 2025 Manpreet -2022 At the very outset, this Court, grants liberty to the petitioners, to approach the competent authority/Court concerned, grant of adequate compensation, under the apt provisions of law. Consequently, the instant writ petition is liberty as aforesaid. , 2025 Whether speaking/reasoned Whether reportable 3 outset, this Court, grants liberty to the petitioners, to concerned, at the first instance, for under the apt provisions of law. Consequently, the instant writ petition is disposed of, with the (KULDEEP TIWARI) JUDGE : Yes/No : Yes/No outset, this Court, grants liberty to the petitioners, to at the first instance, for , with the MANPREET SINGH 2025.07.10 18:45 I attest to the accuracy and authenticity of this order/judgment