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HC admonishes Punjab Police over delay in civil-related FIRs; calls for accountability

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The Punjab and Haryana High Court has expressed serious concern over the delay in investigations and filing of final reports in cases where criminal proceedings appear to be triggered over predominantly civil disputes. The court observed that such conduct by investigating agencies was “deprecated” and contributed to the unnecessary burden on the criminal justice system.“It is increasingly being noticed that criminal justice system is burdened with cases where, upon mere presentation of a complaint, criminal proceedings are set in motion even though dispute appears to be essentially civil in nature,” Justice Sanjay Vashisth asserted.Emphasising accountability, Justice Vashisth directed that the order be forwarded to the Senior Superintendent of Police, Amritsar Rural, “for looking into the conduct of the concerned Investigating Officer”.The observations came during the hearing of a petition seeking anticipatory bail in a case registered on October 6, 2024, at the Lopoke police station in Amritsar Rural for cheating and other offences under Sections 419, 420, and 120-B of the IPC.Justice Vashisth’s Bench was told during the course of hearing that an owner of 17 kanals and 17 marlas had not executed any power of attorney in favour of a co-accused. But the co-accused forged the document in his favour on January 30, 2023. “The petitioner is stated to have purchased the land, vide sale deed dated March 31, 2023, on the basis of the power of attorney, which led to the registration of the present FIR,” the Bench was told.The petitioner’s counsel submitted that he had no involvement in the alleged forgery and was, in fact, a victim. The civil validity of the sale deed was, rather, sub judice before a civil court. The plea argued that criminal proceedings in such circumstances amounted to an abuse of the process of law.Justice Vashisth recorded the state counsel’s submissions that the petitioner had joined the investigation in the matter. “However, on asking by the court, it is informed that despite FIR having been registered way back on October 6, 2024, the investigation has not yet been completed and, consequently, the challan has not been presented,” Justice Vashisth observed.The Bench added the petitioner had already joined the investigation in compliance with the court directions”. It was added that the court –– in the facts and circumstances of the present case particularly the fact that the petitioner had joined investigation –– did find it necessary to examine the matter on merits “in further detail”.“Accordingly, the present petition stands disposed of, and the petitioner is directed to join the investigation within two weeks from today, or as and when called by the investigating agency, and in the eventuality of the arrest, the petitioner would be released on anticipatory bail,” Justice Vashisth added.

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