Punjab and Haryana HC pulls up decrease courtroom decide: Read 10 apex courtroom verdicts, submit synopsis

Quashing a decade-old homicide FIR towards three retired policemen over the custodial loss of life of a person who was in truth alive, the Punjab and Haryana High Court has directed the Ludhiana Additional Sessions Judge to undergo no less than 10 judgments of the Supreme Court for denying anticipatory bail to the three accused.
High Court Justice Arvind Singh Sangwan, whereas listening to the petition of the three retired Punjab Police officers — Amarjit Singh, Jaswant Singh and Kabal Singh — was advised that the ASJ dismissed their anticipatory bail utility although it was dropped at his (ASJ’s) discover that the particular person was alive.
The HC directed the ASJ to submit a written synopsis of the ten instances to courtroom for failing to train his jurisdiction below CrPC Section 438 and for passing an “illegal” order.
Justice Sangwan ordered to discharge the petitioners from the FIR of homicide registered in 2010, and put aside the summoning orders of the JMIC courtroom.
He dominated, “The Magistrate, while dismissing the application vide impugned order dated 02.12.2020 even again issued Non-bailable Warrants against the petitioners. This part of the order is also illegal… The proper course was to direct the counsel for the petitioners to furnish bail/surety bonds as they intended to appear before the Magistrate…”
“Considering the fact that the Additional Sessions Judge, has failed to exercise its jurisdiction, it is directed that he will go through at least 10 judgments of the Hon’ble Supreme Court including two Constitutional Bench Judgments where the Hon’ble Supreme Court has interpreted the provisions of Section 438 CrPC… The Additional Sessions Judge-I, Ludhiana, will submit the written synopsis on the exercise of jurisdiction by a judge under Section 438 CrPC, after going through the judgments, within a period of 30 days to the Director, Chandigarh Judicial Academy,” stated Justice Sangwan.

On August 25, 2005, the petitioners, then posted at Dehlon Police Station in Ludhiana, had arrested one Hardeep Singh, son of Naginder Singh.
Hardeep escaped from police custody. Subsequently, Naginder filed a felony writ petition within the HC, in search of to provide his son on the pretext that he has been illegally detained by the police at Dehlon Police Station.
On September 17, 2005, an unidentified physique was discovered and Naginder alleged the physique was of his son and that the petitioners had murdered him.
The High Court had then directed the ADGP Crime to conduct and inquiry in to the matter and submit a report. The ADGP’s report stated the physique was not of Hardeep, who was alive and in common contact together with his father.
The HC then directed the Sessions Judge, Ludhiana, to carry an inquiry and submit a report in regards to the whereabouts of the son of the complainant.
The Justice of the Peace, nonetheless, handled this petition as a felony grievance and summoned the policemen to face trial. Later non-bailable warrants had been issued towards them.