Act against complainant for U-turn, Punjab and Haryana High Court tells Haryana

Saurabh Malik

Tribune News Service

Chandigarh, April 13

In a significant judgment liable to change the way the complainants in criminal cases take a U-turn after initiating proceedings, the Punjab and Haryana High Court has asked the state of Haryana to proceed against a man for giving a clean chit to the accused before the trial court after accusing them of assault.

The ruling by Justice Deepak Sibal came on a petition filed against the state and other respondents by Vikas through counsel Harsh Chopra for regular bail in an FIR registered on January 26, 2020, for murder and other offences under Sections 148, 149, 302, 323 IPC and the provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act registered at Bhatu Kalan police station in Fatehabad district.

The case was registered on the complaint of Kamal, who alleged that a prayer ceremony was being held at his residence on the occasion of his son’s birth, when the petitioner and five others came uninvited at night. Quarrel started when their entry was objected to by the complainant. His maternal grandfather sustained injuries in the fight and was declared dead after he was taken to a hospital.

Appearing before the Bench, Chopra contended that the petitioner had been falsely implicated in the case. Elaborating, Chopra submitted that the complainant specifically deposed before the trial court after appearing as a prosecution witness that his maternal grandfather fell down on his own and hurt himself leading to his death.

Justice Sibal asserted the FIR’s perusal revealed that the complainant specifically alleged that injuries inflicted by the accused had led to his maternal grandfather’s death. Specific roles had also been attributed to the accused. But he gave a clean chit to all accused while appearing before the trial court. “That being so, the state, after examining the same, is directed to proceed against the complainant for lodging a false FIR, in accordance with law,” Justice Sibal asserted.

Granting bail to the accused, Justice Sibal added the main allegations were against a co-accused. As such, the court was of the opinion that useful purpose would not be served in the petitioner’s further incarceration. “Accordingly, the present case is considered to be a fit one in which the petitioner be directed to be released on regular bail,” Justice Sibal added.