Sumedh Singh Saini case hearing on August 26 - ECAS Punjab

Sumedh Singh Saini case hearing on August 26

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Tribune News Service

Chandigarh, August 19

Less than a week after state's former Director-General of Police Sumedh Singh Saini moved the Punjab and Haryana High Court for declaring the probe against him to be "non est" and in violation of the Supreme Court order in a 1991 abduction case, the Bench today fixed the matter for August 26.

Appearing before the Bench of Justice Manoj Bajaj through video-conferencing, Special Public Prosecutor Sartej Singh Narula objected to the petition on grounds of availability of alternative remedy under Section 482 of CrPC. Narula was appearing on behalf of the Special Investigating Team (SIT) probing the matter.

The objection came as Saini has filed a civil writ petition under Article 226. The High Court, under Section 482 of the Code, has inherent power to quash the criminal proceedings even in those cases which are not compoundable. Interference by the High Court under Section 482 is primarily to prevent the abuse of process of court or to secure the ends of justice.

The High Court asked counsel for the petitioner to satisfy the court on maintainability of the writ petition under Article 226.

Saini was also seeking directions for transferring the investigation to any other independent agency outside the state, or if permissible, to the CBI. The FIR in the matter was registered on May 6 for abduction and other offences under Sections 364, 201, 344, 330, 219 and 120-B of the IPC at Mataur police station in Mohali.

from The Tribune

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