Sukhjinder Singh @ Sunny v. State Of Punjab

Sukhjinder Singh @ Sunny v. State Of Punjab

(High Court Of Punjab And Haryana)

CRM-M-26008-2021 | 09-07-2021

Case is taken up for hearing through video conferencing.

1. The petitioner lays challenge to the action of the Police/SIT in sending his handwriting samples for comparison with those present on the alleged posters, despite his objecting to the same.

2. Learned counsel for the petitioner submits that the SIT is competent only to further investigate the matter and not to reinvestigate the same. It is further submitted that once the CBI had got petitioner's handwriting samples compared from the CFSL, and found the same not to be matching with those present on the incriminating posters, it is not open to the Police/SIT again send the handwriting samples for comparison.

3. In support of his contention, learned counsel for the petitioner relies upon the judgments passed by Hon'ble Supreme Court in Ram Chaudharv Vs. State of Bihar 2009(2) RCR (Criminal) 570 and in SLP (Criminal) No.593 of 1998 titled “K. Chandrasekhar and others Vs. State of Kerala and others', decided on 29.04.1998.

4. Notice of motion for 15.07.2021.

5. Till the next date of hearing, State is restrained from filing the challan in this case.

6. On the request of learned State counsel, copy of this order be given under the signatures of Special Secretary of this Court to both the learned counsel.

Advocate List
Bench
  • HON'BLE JUSTICE HARNARESH SINGH GILL
Eq Citations
  • LQ/PunjHC/2021/5930
Head Note