Ensure expeditious probe, High Court tells top cop

Saurabh Malik

Tribune News Service

Chandigarh, August 21

Virtually rapping the Ludhiana police for inaction on complaints by two women alleging harassment and other offences, the Punjab and Haryana High Court has directed Ludhiana Commissioner of Police to ensure expeditious completion of investigation preferably within 60 days from receiving the order’s copy.

The directions came during the hearing of petitions filed by two accused seeking anticipatory bail in FIRs registered for stalking and other offences at the Daresi police station in Ludhiana district police commissionerate.

Justice Arun Kumar Tyagi also directed the Ludhiana Chief Judicial Magistrate/Judicial Magistrate First Class concerned to monitor investigation by periodically calling for status report from the police and to issue appropriate directions for expeditious completion if required.

Justice Tyagi was told one of the women had alleged harassment/extortion by petitioner-accused and his accomplice by creating a WhatsApp group. Objectionable and vulgar messages, besides forged, fabricated and morphed photographs were sent on WhatsApp. Unwanted voice and video calls were also made on her mobile phone.

In the other complaint, the woman alleged that an accused by creating her fake identity on Facebook, Snapchat and Instagram posted objectionable photographs and defamatory messages to pressurise her to get into physical relations with him, regarding which an FIR was registered earlier. But the accused did not mend his ways. Messages were sent to newspapers showing the accused to be married to the complainant.

Justice Tyagi added appropriate directions for expeditious completion of investigation and providing legal aid to the women victims of crime, if applied, were required to be issued in exercise of inherent powers of the Court to secure the ends of justice and to prevent abuse of process.

Justice Tyagi added a complaint was made to the police by one of the complainants on September 5, 2019, and by the other on September 25, 2019. The written complaints disclosed commission of cognisable offences. But the police proceeded to conduct preliminary inquiries.

Referring to the law laid down by the Supreme Court in the case of “Lalita Kumari versus the Government of UP”, Justice Tyagi added such preliminary inquiry could be made only to ascertain whether the complaint disclosed commission of cognisable offences and was required to be completed within 45 days.

The preliminary inquiry was conducted by making an ‘investigation’ in a ‘mini-trial’ mode by joining the complainant, the accused and the witnesses. FIRs were registered on December 26 and 30, 2019, on the basis of a preliminary inquiry report. “But even after registration of the FIRs, the matter is pending for investigation and nothing substantial appears to have been done to collect the further evidence and conclude the investigation despite expiry of more than six months,” Justice Tyagi added.

Periodical monitoring

Justice Arun Kumar Tyagi also directed the Ludhiana Chief Judicial Magistrate/Judicial Magistrate First Class concerned to monitor investigation by periodically calling for status report from the police and to issue appropriate directions for expeditious completion if required.