Total Pageviews

Wednesday, March 10, 2010

Pre-arrest--Bail--Complainants cannot seek to issue direction to police for conducting investigation in petition filed by petitioner

2010(1) LAW HERALD (P&H) 221
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S.S.Saron
Crl.Misc.No.M-26063 of 2008
Ashok Kumar Mahajan & Ors.
v.
State of Punjab
{Decided on 01/12/2009}
For the Petitioners: Mr. M.S.Bedi, Sr. Advocate with Mr.Avtar Singh, Advocate.
For the Respondent: Mr. P.S.Sidhu, Addl. Advocate General, Punjab.
For the Complainant: Mr.M.K.Dogra, Advocate.
(A) Criminal Procedure Code, 1973, S.438--Indian Penal Code, 1860, S.336, 482 & 500--Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act--Pre-arrest bail--Interim bail--FIR registered one year and nine months after occurrence of incident--Disputes between parties relating to settlement of accounts--Offence under provisions of SCST Act does not mention section under which it is made out--Keeping in view that state does not require custody of petitioner and dispute is primarily of business dealing interim bail made absolute. (P. 6, 7 & 8)
(B) Criminal Procedure Code, 1973, S.438--Pre-arrest--Bail--Complainants cannot seek to issue direction to police for conducting investigation in petition filed by petitioner seeking pre arrest bail--Complainants, in case are aggrieved against in action of police may approach concerned magistrate. (P.6 & 7)