Tribune News Service
Chandigarh, October 29
The Punjab and Haryana High Court today stayed the trial court proceedings against Inspector Poonam Dilawari of Chandigarh Police in a case where a local restaurant owner had alleged implication and wrongful confinement by the police.
Dilawari, former SHO of Sector 26, had challenged the order of May 3, 2021, whereby she and the investigating officer in the case had been summoned under Sections 211 and 342 of the IPC on the basis of a complaint filed by Gunkaran Singh.
In her petition before the High Court,, she has contended that the respondent, Gunkaran, was rightly involved in the said case and a challan was filed by the prosecution against him in the trial court. Further, on October 11, the Additional Sessions Court, on finding a prima facie case, had framed charges against Gunkaran while dismissing his discharge application.
It was also averred by her that the summoning order under Section 211, IPC, which deals with false charge of offence with intent to injure, could not have been issued on a private complaint as cognisance on such complaint is barred under Section 195 of the Criminal Procedure Code. Moreover, Gunkaran was under custody on the orders of the court, which cannot be said to be illegal detention.
The High Court has fixed December 16 as the next date of hearing.
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