Property Grab Case: Accused’s plea against probe agency junked

Chandigarh, September 11

A Special Court here has dismissed the plea of Khalender Singh Kadian - one of the accused arrested in the alleged property grab case of Sector 37, Chandigarh - saying that it can’t direct the police to carry out investigation in a particular way.

“Police officials cannot be issued any direction to carry out investigation in a particular way at the asking of the one of the accused,” observed Judge Jagdeep Sood.

Kadian in his application on July 12 had alleged that the police was trying to put pressure on two other accused in the case - Ashok Arora and Daljeet Singh - to depose falsely against him and others. He had urged the court to issue necessary directions to the Chandigarh Police in view of his apprehension.

Kadian alleged that despite getting the opportunity, the police were not executing non-bailable warrants against Arora and Daljit Singh due to mala fide intention.

He also claimed that co-accused Arora was hand in glove with the investigating agency.

In its reply, the special public prosecutor opposed the application saying that it was based on assumption and presumption.

Arora has already filed for anticipatory bail. The application (by Kadian) has been filed with an ulterior motive to prevent him (Arora) from disclosing the facts regarding the case, the public prosecutor added.

After hearing the arguments, the court observed: “The present application has been filed by the applicant as he apprehends that the investigating agency is not arresting Arora and Daljit Singh in order to exercise influence upon them to make a false and wrong statement against the applicant and the co- accused.”

“The applicant also apprehends that co-accused Daljeet Singh, alias Rubal, had also been used by the investigating agency to implicate the co-accused persons and for this purpose his anticipatory bail was not opposed,” the court observed while dismissing Kadian’s plea. “The present application does not carry any merit and stands dismissed,” it said. — TNS

The Application

Khalender Singh Kadian - one of the accused arrested in the alleged property grab case of Sector 37, Chandigarh - in his application on July 12 had alleged that the police was trying to put pressure on two other accused in the case - Ashok Arora and Daljeet Singh - to depose falsely against him and others. He had urged the court to issue necessary directions to the Chandigarh Police in view of his apprehension.