The Punjab and Haryana High Court restrained SpecialInvestigation Team (SIT) from filling challan in FIR number 117 of sacrilege,putting up derogatory posters at Bargari on September 25, 2015, till nexthearing of the case, scheduled for July 15.
Case title Sukhjinder Singh alias Sunny V/s State ofPunjab was taken up for hearing through video conferencing. The petitioner laysa challenge to the action of the police/SIT in sending his handwriting samplesfor comparison with those present on the alleged posters, despite his objectingto the same.
Learned counsel for the petitioner submits that the SITis competent only to further investigate the matter and not to reinvestigatethe same. It is further submitted that once the CBI had got petitioner’shandwriting samples compared from the CFSL, and found the same not to bematching with those present on the incriminating posters, it is not open to thepolice/SIT again send the handwriting samples for comparison.
In support of his contention, learned counsel for thepetitioner relies upon the judgments passed Hon’ble Supreme Court in RamChaudhary Vs State of Bihar 2009 (2)RCR (criminal)570 and in SLP (criminal) No593 of 1998 titled K. Chandrasekhar and others Vs State of Kerala and othersdecided on April 29, 1998.
Harnaresh Singh Gill, Judge issues notice of motion forJuly 15, 2021, restraining the state from filling the challan till the nextdate of hearing.