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Tribune Information Service
Saurabh Malik
Chandigarh, Could 4
Greater than two years after Punjab Inspector-Normal of Police (IGP) Gautam Cheema was booked in a case alleged abduction, trespass, felony conspiracy, wrongful confinement and different offences, the Punjab and Haryana Excessive Court docket at this time quashed the FIR registered towards him and one other accused.
The ruling by Justice Arvind Singh Sangwan got here on petitions towards the Central Bureau of Investigation and different respondents by Cheema and the opposite accused by means of senior counsel Bipan Ghai with Rishabh Singla.
Justice Sangwan noticed that the allegations levelled within the FIR have been that the complainant, ASI Dilbagh Singh, obtained info on the Mohali Part I police station {that a} proclaimed offender, Sumedh Gulati, was current at Max Hospital. He was later taken in custody. Within the meantime, Cheema got here in an inebriated situation and took Gulati with him in his non-public automotive.
Asserting that the allegations weren’t established, Justice Sangwan noticed that there was no medical report that Cheema was in an inebriated situation. Additionally, there was no CCTV footage to point out Cheema visited the Part I police station. Even the DDR entry displaying the arrest of Gulati was not there.
Justice Sangwan added that the CBI investigation confirmed that Cheema got here in a separate automotive. Gulati, alongside along with his spouse, was in one other automotive. ASI Dilbagh Singh got here in a 3rd automotive. Later, Dilbagh Singh took Gulati with him. Thereafter, he registered a DDR within the police station concerning his arrest.
“The investigation is silent about any proof to show the go to of Cheema to the police station, the place he allegedly kidnapped Gulati. Somewhat, the investigation reveals that it’s petitioner Aryan Singh who knowledgeable Cheema concerning the motion of Gulati, and Cheema informed him to tell the police,” Justice Sangwan asserted.
Earlier than parting with the case, Justice Sangwan noticed that as per the investigation, each petitioners, being vigilant residents, rightly knowledgeable the police concerning the free motion of a proclaimed offender. Due to this fact, the prosecution of petitioner-Aryan Singh in simply informing the police about Gulati’s presence was nothing however the misuse of the method of legislation as each citizen was obligation certain to tell the police in such circumstances.
Justice Sangwan added that the investigation belied the police FIR model of ASI Dilbagh Singh that Cheema forcibly took Gulati in his automotive. The hospital CCTV footage clearly confirmed Gulati and his spouse got here in a unique automotive.
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