ZORAWAR SINGH AND ANR. versus GURBAX SINGH BAINS AND ORS.

Citation: [2016] 8 S.C.R. 848 · Decided: 07-11-2016 · Supreme Court of India · Bench: ANIL R. DAVE, UDAY UMESH LALIT · Disposal: Proceedings closed/dropped
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Judgment (excerpt)

A 
B 
[2016) 8 S.C.R. 848 
ZORA WAR SINGH AND ANR. 
v. 
GURBAX SINGH BAINS AND ORS. 
(Criminal Appeal No. 2530of2014) 
NOVEMBER 07, 2016 
[ANIL R. DAVE AND UDAY UMESH LALIT, JJ.) 
Code of Criminal Procedure, 197 3 - s.17 3 - It was earlier 
directed by the Supreme Court that a case be registered u/s.302 !PC 
C and further investigation be carried out - Also, Chief Secretary of 
the State was to inquire into the matter and submit report -
Appropriate investigation subsequently undertaken and report filed 
u!s. 173 CrPC - Concerned court directed to bestow due attention 
to the report u/s.173 in accordance with law and with the directions 
passed by the Supreme Court - Penal Code, 1860 - s.302. 
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E 
F 
G 
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Zorawar Singh and Anr. v. Gurbax Singh Bains and 
Ors. (2015) 2 SCC 572 - referred to. 
Case Law Reference 
(2015) 2 sec 572 
referred to 
Para 1 
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 
2530 of2014. 
From the Judgment and Order dated 21.02.2013 of the High Court 
Punjab and Haryana at Chandigarh in Criminal Misc. No. M-6656 of 
2011. 
Vibha Datta Makhija, Sr. Adv., V. Madhukar, AAG, Aman Preet 
Singh Rahi (For A. Venayagam Balan), Ms. Anvita Cowshish (For Jagjit 
Singh Chhabra), Ms. Kamini Jaisawal, Ms. ShumailaAltaf, Jatinderpal 
Singh, Gaurav Jain (For Ms. Abha Jain), Kuldip Singh, Rahul Pratap, 
Advs. for the appearing parties. 
The following Order of the Court was delivered 
ORDER 
I. While dismissing Criminal Appeal No.2530/2014 [Zorawar Singh 
& Anr. Vs. Gurbax Singh Bains & Ors.] vide our judgment and order 
848 
ZORAWAR SINGH AND ANR. v. GURBAX SINGH BAINS AND 849 
ORS. 
dated 4'h December, 2014, Reported in (2015) 2 SCC 572, we had passed 
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following directions in Paragraph 17 of the judgment: 
"17. Affirming the view taken by the High Court, we dismiss 
the present appeal and while doing so, deem it appropriate 
to pass the following directions: 
17.1.The challan dated 14.02.2013 filed by the 
Superintendent of Police, District SAS Nagar is held illegal 
and improper and stands withdrawn from the record of the 
concerned case. 
17.2.The crime shall be registered under section 302 IPC 
in keeping with the report dated 27. I 2.201 I of Shri Kunwar 
Vijay Pratap Singh, DIG (Crimes) and further investigation 
shall be undertaken in terms thereof. 
17.3.The SITs as constituted are held invalidly constituted 
and the rep01ts dated 01.03.2012 and 29.01.2013 stand set 
aside. 
17.4. We direct the concerned Superintendent of Police to 
conduct thorough investigation into the matter. Such 
investigation must be completely fair and transparent and 
shall be free from any interference. We expect the 
concerned officer to rise to the occasion and do his job 
well. 
17.5.It is left to the concerned Magistrate to consider 
whether any further investigation is called for, and if so, in 
which direction, as and when the occasion so demands. 
17.6.Respondent No.I shall be paid Rs.2,50,000/- by way 
of compensation instead ofRs.50,000/- as directed by the 
High Court. Such compensation shall first be paid by the 
State and after fixing the responsibility regarding officials 
who were responsible for delaying the process, recover the 
sarrie from such officials. 
17. 7 .We request the Chief Secretary of the State to inquire 
into the matter, the way and the manner in which it was 
dealt with at various stages and more particularly with regard 
to items (A) to (G) mentioned in para 15 and submit a repott 
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c 
D 
E 
F 
G 
H 
850 
SUPREME COURT REPORTS 
[2016] 8 S.C.R. 
A 
to this Court in a sealed cover within two months from 
today." 
2. In paragraph 17.2 of the aforesaid judgment, we had directed 
that the crime shall be registered under Section 302 IPC, in keeping with 
the report dated 27.12.2011 of Shri Kunwar Vijay Pratap Singh, DIG 
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(Crimes) and further investigation shall be undertaken in terms thereof. 
By direction in paragraph 17.4, we had directed the concerned 
Superintendent of Police to conduct thorough investigation into the matter. 
3. We have been informed by the learned counsel appearing for 
the State of Punjab that appropriate investigation was undertaken and 
c has culmiqated in filing of a report under Section 173 Cr.P.C. 
4. Ms. Kamini Jaiswal, the learned counsel appearing for 
Respondent No.I, has submitted that the investigation in question was 
not in conformity with the direction issued by this Court. This part is 
objected to by Ms. Vibha Datta Makhija, the learned senior c
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