High Court orders registration of FIR against the acid attack accused during hearing of a CWP filed by victim...
Chandigarh-January 24th: (Niel Bhalinder Singh): Justice Arun Mongia’s Bench today took a very serious view of the fact that Baldev Singh, a truck owner of Village-Katran (Dhuri Tehsil) who was prima facie guilty of throwing acid on his driver, Malkit Singh, resulting into loss of vision of both eyes, was left scot free by one ASI Malkiat Singh, of Police Station Sadar, Dhuri, who got signed a compromise between Baldev Singh and Victim Mslkit Singh, and did not register any FIR against Baldev Singh.
Malkit Singh, had filed a CWP for seeking compensation and reimbursement of medical expenses from State of Punjab, in the year 2015, as the District Legal Services Authority, Sangrur, had rejected his claim on the ground that by entering into a compromise with accused, he has lost his right to seek compensation from State of Punjab. During pendency of the aforesaid CWP, the Bench of Justice Rajan Gupta had directed CBI to conduct Preliminary Enquiry into the incident, and to submit its report in the High Court.
Punjab & Haryana High Court
The CBI submitted a report establishing that Baldev Singh had poured a bucket of acid on Malkit Singh petitioner on 22.7.2011,r, and thus an FIR should have been registered against him under Section 326 of IPC, but ASI Malkit Singh acted in connivance with the accused Baldev Singh, and got a compromise effected between the parties, instead of registering an FIR, by managing payment of “blood money”.
Today after hearing arguments from all sides, including from Counsel for State Government, accused Baldev Singh, and CBI Counsel, as well as Counsel for petitioner, the HC Bench of Justice Arun Monga directed registration of FIR against Baldev Singh, by treating the preliminary enquiry report of CBI as a complaint, and further ordered that SHO Sector-3, Chandigarh Police Station to take him into custody from the Court itself, and asked the SHO Police Station Dhuri, where the incident had taken place, to take over custody of accused for further interrogation, in accordance with procedure envisaged under law, and to take the case to its logical conclusion.
The HC Bench also directed the State of Punjab to take appropriate disciplinary action against ASI Malkit Singh. The plea of petitioner for compensation and reimbursement of medical expenses for his treatment shall be taken up on next date of hearing.
