Holding Multiple Inquiries On Same Allegations Amount To Violation Of Article 21: Punjab & Haryana High Court

The Punjab & Haryana High Court granted anticipatory bail in fraud and Prevention of Corruption Act case to a Junior Engineer posted in Municipal Council Khanna, accused for committing embezzlement of Rs. 3.17 lakhs.

Justice Sandeep Moudgil said, "multiple inquires on same set of allegations would amount to violation of Article 21 of the Constitution of India added with the fact that the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated period."

It was alleged that the petitioner Ajay Kumar along with others was involved in committing embezzlement of Rs. 3.17 lakhs by floating tender of Rs. 4.20 lakhs.

Senior counsel appearing on behalf of the petitioner argued that multiple inquiry on the same set of allegations levelled by the complainant are not permissible in the light of notification dated 01.04.2008 issued by the Director General of Police, Punjab.

Reliance was place on Jaswinder Singh vs. state of Punjab and Ors [CRM-M-18244-2008] to underscore that, "multiple inquires not only cause injustice to the petitioner-complainant but also become a source of abuse, harassment and cause delay in conclusion of criminal investigation and trial”.

Opposing the plea, the State counsel submitted that there are serious allegations against the petitioner, therefore his custodial interrogation is required.

After hearing the submissions, the Court said that there's no reason to deny the petitioner the concession of anticipatory bail to the petitioner.

It is pertinent to note that the High Court had earlier pulled up the Punjab Police officers for initiating multiple enquiries against a man without registering any FIR, prima facie in contempt of the Supreme Court's directions in the Lalita Kumari case.

Mr. Bipan Ghai, Sr. Advocate with Mr. Nikhil Ghai, Advocate and Mr. Nikhil Thamman, Advocate for the petitioner.

Mr. Jaspal Singh Guru, AAG Punjab.

Title: AJAY KUMAR v. STATE OF PUNJAB

Citation: 2024 LiveLaw (PH) 432

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