Punjab and Haryana High Court Upholds Further Investigation in FIR Against Daljit Singh Grewal and Others

Court clarifies compliance with Section 195 Cr.P.C. is necessary only at the stage of cognizance, not during FIR registration or police investigation.

In a significant ruling, the Punjab and Haryana High Court, under Justice Tribhuvan Dahiya, has dismissed a petition seeking the quashing of FIR No. 207 dated October 21, 2015, filed against Daljit Singh Grewal alias Bhola and others. The FIR was lodged following a political protest in Ludhiana that allegedly breached prohibitory orders and involved an assault on police officials.

The petitioners, represented by Senior Advocate Mr. A. P. S. Deol, contended that the FIR was politically motivated, citing a commission report that recommended its cancellation. The commission, constituted by the government to scrutinize politically motivated cases, had found no substantial evidence against the petitioners. Despite these findings, the Judicial Magistrate First Class, Ludhiana, ordered further investigation, which the High Court upheld.

The crux of the petitioners' argument was the alleged non-compliance with Section 195 of the Criminal Procedure Code (Cr.P.C.), which mandates that offences against public servants require a written complaint by the public servant concerned before a magistrate can take cognizance. However, the High Court clarified that this compliance is required only at the stage of taking cognizance by the magistrate, not during FIR registration or police investigation. This interpretation aligns with the Supreme Court's precedent in Devendra Kumar and other relevant cases.

The State, represented by Assistant Advocate General Mr. Satjot Singh Chahal, argued that the offences were clearly made out against the petitioners. The police report alleged that the petitioners, led by a political leader, violated Section 144 Cr.P.C., incited public disorder, and assaulted police officers, thereby committing offences under Sections 186, 332, 353, 188, and 149 of the Indian Penal Code.

The High Court's judgment reinforces the procedural distinction between FIR registration and court proceedings, emphasizing that the bar under Section 195 Cr.P.C. is applicable only at the cognizance stage. Consequently, the FIR remains active, and the case will proceed further through the judicial system.

Bottom Line:

Compliance with Section 195 Cr.P.C. is mandatory only at the stage of taking cognizance of offences by the Magistrate and not at the time of FIR registration or investigation.

Statutory provision(s): 195 Cr.P.C., 482 Cr.P.C., 186 IPC, 332 IPC, 353 IPC, 188 IPC, 149 IPC, 173 Cr.P.C., 197 Cr.P.C., 144 Cr.P.C.

Daljit Singh Grewal alias Bhola v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2814555