E-Paper
F Bar firing case: Punjab and Haryana HC stays criminal proceedings against UT inspector
The Punjab and Haryana HC has stayed the criminal proceedings against UT police inspector and former station house officer, Sector-26, Poonam Dilawari in F Bar firing case
The Punjab and Haryana high court has stayed the criminal proceedings against UT police inspector and former station house officer, Sector-26, Poonam Dilawari.
The high court bench of justice Sureshwar Thakur acted on her plea against a Chandigarh court summoning her and a sub-inspector, Maluk Singh, on a criminal complaint by Gunkaran Singh.
The order summoning the duo was passed on May 3. In the complaint, Gunkaran had alleged that he was wrongly arrested and implicated in an FIR on November 20, 2018. The allegation was that his arrest and the implication was done by her and the investigating officer, Mulak Singh. Gunkaran is the owner of the discotheque, F Bar. On November 19, 2018, shots were fired allegedly by the members of the Lawrence Bishnoi gang in the bar during the birthday celebrations of Sahdev Salaria, an aide of MP Kirron Kher, leaving four persons injured. Gunkaran had claimed that he did not direct the security guard not to frisk guests, but was involved in the FIR.
Senior advocate Chetan Mittal had told the court that a challan had been presented against him and the additional sessions court had framed charges against him while dismissing his discharge application. The summoning order under Section 211 of the IPC (false charge of offence with the intent to injure) could not have been issued on the private complaint as cognisance on such complaint is barred under Section 195 of CrPC. It was also argued that he was under custody on the orders of the court which could not be said to be illegal detention. Hence, there is no question of Section 342 of the IPC (wrongful confinement). The high court has stayed the proceedings and sought a response by December 16.
