Supreme Court of India
ZORAWAR SINGH AND ANR.versusGURBAX SINGH BAINS AND ORS.
- Citation
- 2016 INSC 1207
- Decided
- 7 November 2016
- Disposal
- Proceedings closed/dropped
Holding
Since a proper report under Section 173 CrPC has been filed and the Chief Secretary’s report indicates compliance with the Supreme Court’s directions, the matter is closed.
Summary
The Supreme Court, recalling its earlier directions in Zorawar Singh v. Gurbax Singh Bains (2015) 2 SCC 572, noted that the State had filed a report under Section 173 of the CrPC after conducting a thorough investigation as directed, and that the Chief Secretary’s inquiry report showed compliance with the Court’s mandates. The Court observed that the investigation was not in conformity with its directions, but since a proper Section 173 report now existed, the matter was left to the concerned trial court for further consideration. The Court also reviewed the Chief Secretary’s report and found no reason to keep the proceedings alive. Consequently, the Court formally closed the proceedings, confirming that the appeal was dismissed and the matter was concluded in accordance with law.
Issues considered
- Whether the investigation conducted after the Supreme Court’s directions complied with the directives under Section 173 CrPC.
- Whether the report filed under Section 173 CrPC and the Chief Secretary’s inquiry satisfy the requirements of the Supreme Court’s earlier order.
- Whether the Supreme Court should continue to entertain the appeal or close the proceedings.
Legislation cited
Subjects
Criminal ProcedureSection 173 CrPCSection 302 IPCSupreme Court directionsInvestigationCompensationReport complianceClosure of proceedings
Judgment
[2016) 8 S.C.R. 848
A ZORAWAR SINGH AND ANR.
v.
GURBAX SINGH BAINS AND ORS.
(Criminal Appeal No. 2530of2014)
B NOVEMBER 07, 2016
[ANIL R. DAVE AND UDAY UMESH LALIT, JJ.)
Code of Criminal Procedure, 1973 - s.173 - It was earlier
directed by the Supreme Court that a case be registered u/s.302 !PC
C and further investigation be carried out - Also, Chief Secretary of
the State was to inquire into the matter and submit report -
Appropriate investigation subsequently undertaken and report filed
u!s. 173 CrPC - Concerned court directed to bestow due attention
to the report u/s.173 in accordance with law and with the directions
passed by the Supreme Court - Penal Code, 1860 - s.302.
D
Zorawar Singh and Anr. v. Gurbax Singh Bains and
Ors. (2015) 2 SCC 572 - referred to.
Case Law Reference
(2015) 2 sec 572 referred to Para 1
E CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
2530 of2014.
From the Judgment and Order dated 21.02.2013 of the High Court
Punjab and Haryana at Chandigarh in Criminal Misc. No. M-6656 of
2011.
F
Vibha Datta Makhija, Sr. Adv., V. Madhukar, AAG, Aman Preet
Singh Rahi (For A. Venayagam Balan), Ms. Anvita Cowshish (For Jagjit
Singh Chhabra), Ms. Kamini Jaisawal, Ms. ShumailaAltaf, Jatinderpal
Singh, Gaurav Jain (For Ms. Abha Jain), Kuldip Singh, Rahul Pratap,
Advs. for the appearing parties.
G
The following Order of the Court was delivered
ORDER
I. While dismissing Criminal Appeal No.2530/2014 [Zorawar Singh
& Anr. Vs. Gurbax Singh Bains & Ors.] vide our judgment and order
H
848
ZORAWAR SINGH AND ANR. v. GURBAX SINGH BAINS AND 849
ORS.
dated 4'h December, 2014, Reported in (2015) 2 SCC 572, we had passed A
following directions in Paragraph 17 of the judgment:
"17. Affirming the view taken by the High Court, we dismiss
the present appeal and while doing so, deem it appropriate
to pass the following directions:
17.1.The challan dated 14.02.2013 filed by the B
Superintendent of Police, District SAS Nagar is held illegal
and improper and stands withdrawn from the record of the
concerned case.
17.2.The crime shall be registered under section 302 IPC
in keeping with the report dated 27. I 2.201 I of Shri Kunwar c
Vijay Pratap Singh, DIG (Crimes) and further investigation
shall be undertaken in terms thereof.
17.3.The SITs as constituted are held invalidly constituted
and the rep01ts dated 01.03.2012 and 29.01.2013 stand set
aside. D
17.4. We direct the concerned Superintendent of Police to
conduct thorough investigation into the matter. Such
investigation must be completely fair and transparent and
shall be free from any interference. We expect the
concerned officer to rise to the occasion and do his job E
well.
17.5.It is left to the concerned Magistrate to consider
whether any further investigation is called for, and if so, in
which direction, as and when the occasion so demands.
F
17.6.Respondent No.I shall be paid Rs.2,50,000/- by way
of compensation instead ofRs.50,000/- as directed by the
High Court. Such compensation shall first be paid by the
State and after fixing the responsibility regarding officials
who were responsible for delaying the process, recover the
sarrie from such officials. G
17. 7.We request the Chief Secretary of the State to inquire
into the matter, the way and the manner in which it was
dealt with at various stages and more particularly with regard
to items (A) to (G) mentioned in para 15 and submit a repott
H
850 SUPREME COURT REPORTS [2016] 8 S.C.R.
A to this Court in a sealed cover within two months from
today."
2. In paragraph 17.2 of the aforesaid judgment, we had directed
that the crime shall be registered under Section 302 IPC, in keeping with
the report dated 27.12.2011 of Shri Kunwar Vijay Pratap Singh, DIG
B (Crimes) and further investigation shall be undertaken in terms thereof.
By direction in paragraph 17.4, we had directed the concerned
Superintendent of Police to conduct thorough investigation into the matter.
3. We have been informed by the learned counsel appearing for
the State of Punjab that appropriate investigation was undertaken and
c has culmiqated in filing of a report under Section 173 Cr.P.C.
4. Ms. Kamini Jaiswal, the learned counsel appearing for
Respondent No.I, has submitted that the investigation in question was
not in conformity with the direction issued by this Court. This part is
objected to by Ms. Vibha Datta Makhija, the learned senior counsel
D appearing for the other side.
5. Be that as it may, since appropriate report under Section 173
now stands filed before the concerned Court, we leave the entire matter
to be considered by the concerned Court.
6. It goes without saying that the Court will bestow due attention
E to the report under Section 173 in accordance with law and also in keeping
with the directions passed by this Court. If Respondent No. I prefers
any protest petition, the Court will consider the entire matter including
such protest petition as well as any other objection, if preferred thereto,
and pass appropriate orders in accordance with law.
F 7. In so far as the report in compliance of our direction in paragraph
17. 7 is concerned, a report has been submitted by the Chief Secretary,
Government of Punjab. We have gone through the reports and see no
reason to carry the matter further and we close the matter. The reports
be returned to the Chief Secretary, Government of Punjab in a sealed
G cover.
8. The proceedings are formally closed with the above directions.
Ankit Gyan Proceedings closed with directions.
H
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