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Saturday, 3 October 2020

Expedite probe against cops in murder case: HC to Kurukshetra SP

Saurabh Malik

Tribune News Service

Chandigarh, October 2

The Punjab and Haryana High Court has asked the Kurukshetra Superintendent of Police to expeditiously carry out an inquiry against "defaulting official" in a murder case, where an application allegedly submitted by the victim was found attached in the police file, but not placed before the court.

Accused had applied for regular bail

The matter was placed before Justice Arun Kumar Tyagi's Bench after the accused filed an application for grant of regular bail in an FIR registered on November 13, 2018, for murder and other offences at the Pehowa police station in Kurukshetra district.

Justice Arun Kumar Tyagi has already asked the SP to take appropriate action against the defaulting police officer/official and issue appropriate instructions for avoiding such a lapse in future.

The matter was placed before Justice Tyagi's Bench after the accused filed an application for grant of regular bail in an FIR registered on November 13, 2018, for murder and other offences under Sections 323, 302, 506 and 34 of the IPC at the Pehowa police station in Kurukshetra district.

The Bench, during the course of hearing, was told that further investigation in the matter was sought regarding the alleged application submitted by the victim after the examination of all prosecution witnesses.

Taking note of the submission, Justice Tyagi on a previous date of hearing observed that the application alleged to have been submitted by the victim was found attached in the police file but was not placed before the court till plea was made for further investigation purportedly on the conclusion of the prosecution evidence.

Justice Tyagi had further observed that the matter, apart from other aspects, also involved negligence/misconduct on the part of the police officers concerned. As such, the SP was directed to find out when, to whom and by whom was the application submitted; when and by whom was the application attached in the police file; whether any reference to the same was made in the zimnies; and why was the original application, if submitted to the investigating officer, not made part of the judicial file.

As the case came for resumed hearing, Justice Tyagi ordered the petitioner's release on bail after taking into consideration the facts and circumstances of the case, the nature of accusation, the evidence against him and the likely delay in disposal of the matter because of Covid outbreak.

Before parting with the case, Justice Tyagi observed the inquiry was said to be still pending. "The Kurukshetra SP is directed to expedite the inquiry and to submit report before this court," he said.



from The Tribune https://ift.tt/34nxZcK

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