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Gurdev Singh Bhalla vs. State of Punjab & Ors.

Not available · 2024 INSC 22Decided 5 Jan 2024
Not available
Justice Vikram Nath · Justice Rajesh Bindal

Background

An accused named Devraj was arrested for misappropriating paddy worth over Rs. 4 crores, and the appellant, a police Inspector, investigated that case. Devraj's son later filed a separate complaint alleging that police officials, including the appellant, demanded money from the family in exchange for favourable treatment of Devraj in custody. A trial court summoned the appellant and three other police officials as additional accused under Section 319 CrPC, and the High Court upheld that order.

Decision Breakdown

The Supreme Court examined the witness statements recorded during investigation and at trial and found they consistently supported the allegation that the appellant and other officials had demanded money from Devraj's family for favours such as avoiding torture, avoiding further police remand, and helping secure bail. The Court rejected the appellant's argument that the case was fabricated as retaliation for his testifying against Devraj, finding the underlying complaint predated any such motive. It held the parameters for summoning additional accused under the Constitution Bench ruling in Hardeep Singh v. State of Punjab were satisfied, and dismissed the appeal, allowing the trial against the appellant to proceed.

Lesson Learnt

A court can summon additional persons to face trial under Section 319 CrPC if evidence emerging during the trial of another case prima facie implicates them, even if they were not originally named as accused, and a claim of personal vendetta is not itself a defence against such summoning if the underlying evidence is consistent.

Official source (sci.gov.in)View Judgment (PDF)

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