Punjab & Haryana High Court Monthly Digest: September 2022

Sukhpal Singh Khaira v. State of Punjab and Another 2022 LiveLaw (PH) 240

Raman Kumar v. State of Haryana and Another 2022 LiveLaw (PH) 241

Chaman Lal Chimnu v. State of Haryana 2022 LiveLaw (PH) 242

Gurjit Singh v. Kartar Singh and Another 2022 LiveLaw (PH) 243

Anil Taneja versus State of Haryana and others 2022 LiveLaw (PH) 244

Buta Khan Versus State Of Punjab 2022 LiveLaw (PH) 245

Sagar Kapoor v. State of Haryana 2022 LiveLaw (PH) 246

Ravi Bharti v. State of Haryana 2022 LiveLaw (PH) 247

Amit Khurana Versus State Of Haryana 2022 LiveLaw (PH) 248

Suhail Ahmed v. State of Haryana 2022 LiveLaw (PH) 249

Sardar Bhupendar Singh v. MS Green Feeds through its partner Vipin Kumar 2022 LiveLaw (PH) 250

Dr. Priyanka Dahiya v. Dr. Manish Raj 2022 LiveLaw (PH) 251

Kalyani Singh v. Central Bureau of Investigation 2022 LiveLaw (PH) 252

Jhirmal Singh and others v. State of Punjab 2022 LiveLaw (PH) 253

Sushil Kumar Versus The State of Punjab and others , with connected matters 2022 LiveLaw (PH) 254

Surinder Pal Vs. State of Punjab 2022 LiveLaw (PH) 255

Amandeep Singh Versus State Of Punjab And Ors. 2022 LiveLaw (PH) 256

Nardeep Singh Cheema @ Navdeep Singh Cheema v. State of Punjab and others 2022 LiveLaw (PH) 257

Other Important Judgements/Updates

Court On Its Own Motion V. State Of Punjab And Others

Amandeep Singh @ Deepa V. State Of Punjab

Randeep Tanwar v. State of Haryana and Others

Bunty v. State of Punjab

Judgments/Order

1.Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Case Title : Sukhpal Singh Khaira v. State of Punjab and Another

Citation:2022 LiveLaw (PH) 240

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.

2.Defence Counsel Must Remain "Completely Awakened" During Cross-Examination, S.311 CrPC Not Meant To "Cure Defects": Punjab & Haryana HC

Case Title : Raman Kumar v. State of Haryana and Another

Citation:2022 LiveLaw (PH) 241

The Punjab and Haryana High Court has made it clear that Section 311 CrPC, which makes provision for recall of material witnesses, is not meant to "cure defects" in the defence and thus, the defence counsel must remain "completely awakened" during cross-examination of witnesses.

3."Sacred Relation Of Uncle & Niece Was Besmirched": PH High Court Upholds Life Sentence Of Man Who Raped 12-Year-Old Niece

Case title - Chaman Lal Chimnu v. State of Haryana [CRA-D-700-DB-2010]

Citation:2022 LiveLaw (PH) 242

The Punjab and Haryana High Court on Wednesday upheld the life sentence awarded to a man who had raped his own 12-year-old niece in the year 2008. Noting that the accused was the real uncle of the victim, the Court remarked thus:

"The factual matrix of this appeal is unfortunately related to a sordid and obnoxious incident, where the appellant, who is the real uncle of the victim, raped his niece, a girl child of the tender age of 12 years. The result was that the sacred relationship of uncle and niece was besmirched. Such offenders are a menace to the civilised society and have to be dealt with strictly as per law. It is an act, which is not only a blow to her supreme honour and offends her self-esteem and dignity, it degrades and humiliates the victim and where the victim is a helpless child or a minor, it leaves behind a traumatic experience. Such crime is not only a crime against a minor innocent child, rather it is a crime against the entire society."

4.Order 16 Rule 1 CPC | 15 Days Period For Providing List Of Witnesses To Court Is Directory In Nature: Punjab & Haryana High Court

Case Title : Gurjit Singh v. Kartar Singh and Another

Citation:2022 LiveLaw (PH) 243

The Punjab and Haryana High Court recently held that a period of 15 days that has been prescribed under Order 16 Rule 1 of CPC for the purpose of providing list of witnesses to the Court is directory in nature in view of Rule 16(3) which permits any party to summon any witness other than the witnesses named in the list.

5.Criminal Proceedings Not For Realization Of Disputed Dues: Punjab & Haryana High Court Refuses To Cancel Anticipatory Bail

Case Title: Anil Taneja versus State of Haryana and others

Citation:2022 LiveLaw (PH) 244

The Punjab and Haryana High Court has reiterated that criminal proceedings are not for realization of disputed dues. Thus, it dismissed a petition filed under Section 439(2) of CrPC seeking cancellation of anticipatory bail granted to the accused in connection with a partnership dispute and alleged recovery of money.

6.NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court

Case Title: Buta Khan Versus State Of Punjab

Citation:2022 LiveLaw (PH) 245

The Punjab and Haryana High Court recently held that the sample parcels of alleged contraband that is sent to Forensic Science Laboratory is "case property" and must be produced before trial Court under FSL seal, after the forensic examination is completed.

7.No Right To Exploit Fiancée Sexually Against Her Consent During The Period Intervening Engagement & Marriage: PH High Court

Case title - Sagar Kapoor v. State of Haryana [CRM-M-35393-2022 (O&M)]

Case Citation: 2022 LiveLaw (PH) 246

The Punjab and Haryana High Court has observed that merely because the parties are engaged and are meeting each other, it doesn't give any right or liberty to the proposed bridegroom to sexually exploit the fiancée without her consent.

8.Handwriting Expert's Opinion About Suicide Note Becomes Doubtful If IO Does Not Depose About Sourcing Admitted Writings Of Deceased: P&H High Court

Case Title : Ravi Bharti v. State of Haryana

Citation:2022 LiveLaw (PH) 247

The Punjab and Haryana High Court has held that the opinion of a Handwriting expert regarding a suicide note having been written by the deceased cannot be a conclusive proof if the person (Police), who sourced and handed over admitting writings of the deceased for examination, fails to disclose such fact in its evidence.

9.S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court

Case Title: Amit Khurana Versus State Of Haryana

Citation:2022 LiveLaw (PH) 248

Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act.

10.JJ Act | "Heinous Offence" Is One Where Peremptorily Punishment Is Imprisonment Upto 7 Yrs Or More: Punjab & Haryana High Court

Case Title : Suhail Ahmed v. State of Haryana

Citation :2022 LiveLaw (PH) 249

Punjab and Haryana High Court recently held that when the accused had, while committing the offence of lurking house trespass by night or house-breaking by night, also voluntarily caused or attempted to cause death, then the convicting Court can per-emptorily impose a sentence of life imprisonment, upon the juvenile in conflict with law.

11.S.141 NI Act | Sole Proprietor Alone Can't Be Sued For Offence U/S 138, Sole Proprietary Concern Must Also Be Arrayed As Accused: P&H High Court

Case Title: Sardar Bhupendar Singh v. MS Green Feeds through its partner Vipin Kumar

Citation :2022 LiveLaw (PH) 250

The Punjab and Haryana High Court recently held that when a cheque issued by a sole proprietary entity is dishonoured, it is necessary to array the proprietary concern as an accused, along with the sole proprietor.

12.No Independent Right To Seek Custody U/S 25 Guardians & Wards Act Where Consent Decree Is Passed U/S 28 Special Marriage Act: P&H High Court

Case Title : Dr. Priyanka Dahiya v. Dr. Manish Raj

Citation :2022 LiveLaw (PH) 251

The Punjab and Haryana High Court recently held that in terms of Section 38 of the Special Marriage Act, a father can approach the Family Court which passed the decree of divorce based on mutual consent under Section 28 of the Special Marriage Act, for seeking custody of the child living with the mother.

13.Sippy Sidhu Murder Case: Punjab And Haryana High Court Grants Bail To Accused Kalyani Singh

Case Title: Kalyani Singh v. Central Bureau of Investigation

Citation: 2022 LiveLaw (PH) 252

The Punjab and Haryana High Court has granted bail to Kalyani Singh, who is the daughter of Himachal Pradesh High Court judge, Justice Sabina, in connection with the 2015 Sippy Sidhu murder case.

14.Effect Of Magistrate's Deposition In Favour Of Dying Declaration Can Be Eroded Only By An Efficacious Cross-Examination: Punjab & Haryana HC

Case Title : Jhirmal Singh and others v. State of Punjab

Citation: 2022 LiveLaw (PH) 253

The Punjab and Haryana High Court recently held that the effect of a Magistrate's deposition in favour of a dying declaration can be eroded only when an efficacious cross-examination is conducted.

15.Covenanted Contractual Levies Cannot Be Undone By Govt Through Any Unilaterally Made Notification: Punjab & Haryana High Court

Case Title: Sushil Kumar Versus The State of Punjab and others , with connected matters

Citation: 2022 LiveLaw (PH) 254

Punjab and Haryana High Court while dealing with writ petitions challenging a notification recently held that the statutory provisions of the Northern India Canal, and, Drainage Act, 1873 pertain only to occupiers of the apposite land using water for cultivating crops. Hence, it cannot apply to industrial units.

16. Punjab & Haryana HC Allows Father's Appeal Against Conviction For Teenage Daughter's Murder; Rejects Mother's Testimony

Case Title: Surinder Pal Vs. State of Punjab

Citation: 2022 LiveLaw (PH) 255

The Punjab and Haryana High Court has allowed the criminal appeal preferred by a father who was convicted by a Sessions Court in Jalandhar for the murder of his teenage daughter.

17.Increased Acquittals: High Court Sets 1-Year Outer Limit To Establish Fully Equipped Forensic Labs In Punjab, Haryana & Chandigarh

Case Title: Amandeep Singh Versus State Of Punjab And Ors.

Citation: 2022 LiveLaw (PH) 256

The High Court has directed the governments of Punjab, Haryana and Chandigarh UT to establish fully equipped Forensic Science Laboratories, keeping in mind the increase in crime rate and the need for forensic evidence in criminal trials.

18.Can't Quash POCSO Act Offence On The Basis Of Compromise/ Matrimony Between Accused & Victim: Punjab & Haryana High Court

Case title - Nardeep Singh Cheema @ Navdeep Singh Cheema v. State of Punjab and others [CRM-M-2270-2020]

Case Citation: 2022 LiveLaw (PH) 257

The Punjab and Haryana High Court has observed that an offence under POCSO Act, which is a special statute, cannot be quashed on the basis of any compromise or matrimony between the accused and the prosecutrix.

Other Important Judgements/Updates

1. Cases Against MPs/MLAs | "Heavy Cost Would Be Imposed": High Court Grants Last Chance To Punjab, Haryana Govts To File Status Report

Case title - Court On Its Own Motion V. State Of Punjab And Others

The Punjab and Haryana High Court has granted the last opportunity to the State Governments in Punjab and Haryana to file status reports regarding pending criminal cases against MP/MLAs.

2. Specify Steps Taken To Ensure That Religion Of Accused, Victim Isn't Mentioned In FIR: Punjab And Haryana High Court To State DGP

Case title - Amandeep Singh @ Deepa V. State Of Punjab

The Punjab and Haryana High Court has directed the DGP, Punjab to file an affidavit specifying what steps have been taken to ensure that the religion of the Accused, Victim, and witnesses are not mentioned in the FIR.

3. "Can't Permit Such Illegal Activities": In Midnight Hearing PH High Court Orders Removal Of Blockade By BKU On National Highway

Case title: Randeep Tanwar v. State of Haryana and Others

In a midnight hearing convened yesterday, the Punjab and Haryana High Court ordered the Haryana Government to remove the blockade by farmers led by Bhartiya Kisan Union on the National Highway at Shahbad in Kurukshetra. The Court categorically remarked that such illegal activities can't be permitted.

4. "Stop Salaries Of Prosecutor, IO Till Witnesses Are Examined": PH High Court Slams Prosecution's 'Casual' Approach In A POCSO Trial

Case title - Bunty v. State of Punjab

The Punjab and Haryana High Court recently issued a direction to stop the salary of a public prosecutor and an investigating officer (IO) after it noted that the prosecution had been 'casual' in their approach to conducting the trial in a POCSO Case.