Amrik Singh-SLP-Crl

Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 14

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SLP (CRL.) NO. OF 2006

IN THE MATTER OF:

Amrik Singh ... PETITIONER

VERSUS

State of Punjab … RESPONDENT

AFFIDAVIT

I Amrik Singh son of late Kandhara Singh, aged about 50 years,


resident of Nandgarh Police Station Goohla Distt. Kaithal, Punjab,
Now presently at New Delhi, do hereby solemnly declare and state
as under:

1. That I am Petitioner in the above matter and am therefore


competent to swear the present Affidavit.

2. That I am fully aware of the facts and circumstances of the

present case and I am, therefore, competent to swear the present

Affidavit in support of the Special Leave Petition and the Application.

3. That the contents of the accompanying Special Leave Petition


and the Application and state that the same are true and correct to
the best of my knowledge and belief.

4. I further state as under :


SLP drawn on :
SLP Pages & Paras :
SLP filed on :
List of Dates :
Paper Book pages. :
5. That all the Annexure annexed with the Special Leave Petition
are true copy of the respective Original.

DE P O N E N T
VERIFICATION:

Verified at New Delhi on this the day of September 2006 that the
contents of the above Affidavit are true and correct to the best of my
knowledge and belief and that nothing false has been stated therein
or material concealed therefrom.

DEPONENT
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SLP (CRL.) NO. OF 2002

IN THE MATTER OF:

R. Ranganathan ... PETITIONER

VERSUS

The District Magistrate … RESPONDENTS

OFFICE REPORT ON LIMITATION

The aforesaid Special Leave Petition


is well within time.

DATED: 31.10.2002 SECTION OFFICER


A FF I D A VI T

I R. Ranganathan son of Shri Ramasamy, aged about 50 years, resident

of Gandhi Puram, Melkachirapattu Village, Thiruvannamalai Taluk,

Thiruvannamalai District. ( T. N. ) , Now presrnt at New Delhi, do hereby

solemnly declare and state as under:

1. That I am Petitioner in the above matter and am therefore competent

to swear the present Affidavit.

2. That I am fully aware of the facts and circumstances of the present

case and I am, therefore, competent to swear the present Affidavit in

support of the Special Leave Petition.

3. That I have gone through the contents of the accompanying Special

Leave Petition, List of Dates and Application for exemption for filing official

translation of Documents attached to the SLP and state that the same are

true and correct to the best of my knowledge and belief.

4. I further state as under:

SLP drawn on : 31. 10. 02

SLP Pages & Paras : 5 – 15-A , 1- 5

SLP filed on : 31 -10- 2002

List of Dates : B-D

Paper Book pages : 1-

5. That all the Annexure annexed with the Special Leave Petition are

true copy of the respective Original.


DEPONEN T

VERIFICATION:

Verified at New Delhi on this the 31st day of October 2002 that the
contents of the above Affidavit are true and correct to the best of my
knowledge and belief and that nothing false has been stated therein or
material concealed therefrom.

DEPONEN T
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. MISC. PETITION NO. OF 2002

IN

SLP (CRL.) NO. OF 2002

IN THE MATTER OF:

Amrik Singh ... PETITIONER

VERSUS

State of Punjab … RESPONDENT

A FF I D A VI T

I Amrik Singh son of late Kandhara Singh, aged about 50 years, resident
of Nandgarh Police Station Goohla Distt. Kaithal, Punjab, Now presrnt at
New Delhi, do hereby solemnly declare and state as under:

1. That I am Petitioner in the above matter and am therefore


competent to swear the present Affidavit.

2. That I am fully aware of the facts and circumstances of the present


case and I am, therefore, competent to swear the present Affidavit in
support of the Application for bail.

4. That the contents of the accompanying Application for bail and state
that the same are true and correct to the best of my knowledge and
belief.

DE P O N E N T
VERIFICATION:

Verified at New Delhi on this the 13 th day of May 2002 that the contents
of the above Affidavit are true and correct to the best of my knowledge
and belief and that nothing false has been stated therein or material
concealed therefrom.
DEPONENT
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SLP (CRL.) NO. OF 2002

IN THE MATTER OF:

Amrik Singh ... PETITIONER

VERSUS

State of Punjab … RESPONDENT

AFFIDAVIT OF URGENCY

I Amrik Singh son of late Kandhara Singh, aged about 50 years, resident
of Nandgarh Police Station Goohla Distt. Kaithal, Punjab, Now presrnt at
New Delhi, do hereby solemnly declare and state as under:

5. That I have gone through the contents of the accompanying Special


Leave Petition and state that the same are true and correct to the best of
my knowledge and belief,

6. That I one of the Petitioner in the above matter and am well


conversant with the facts of the case and, therefore,
competent to sear the present Affidavit in support of the
accompanying Special Leave Petition.

2. That an FIR No.579 dated 18.7.2000 was registered at Police


Station Sadar, District Patiala, Punjab under Section
379/406/409/420 IPC and Section 7 of the Essential
Commodities Act, 1955 at the instance of the District
Manager, Punjab State Cooperative Supply and Marketing
Federation, Patiala (MARKFED, for short). It was alleged in
the FIR that MARKFED had procured paddy during the year
1999-2000 crop year in accordance with the Paddy Milling
Policy.
3. The Superintendent of Police (Operations) Patiala
investigated the matter and in his report dated 4.10.2000
fully recorded the facts and statements of witnesses and
after holding a detailed enquiry, in his investigation report
directed, inter alia, Police Station, Sadar, Patiala to
investigate the matter after taking into consideration the
abovesaid facts and after arresting the accused, the case
may be recovered and challan may be presented against the
present accused.
4. The Application for Anticipatory Bail filed by the Petitioner
under Section 438, Cr.P.C. before the Additional Sessions
Judge, Patiala was dismissed vide order dated 11 th August,
2000 on the ground that the allegations against the
Petitioner were of serious nature and the investigation was
still going on. It is submitted that the learned ADS Judge
did not apply her mind at all to the facts and circumstances
of the case in totality.
5. Feeling aggrieved by the aforesaid order of the learned
Additional District & Sessions Judge, Patiala, the Petitioner
thereafter on 10th October, 2000 preferred a Petition under
Section 438, Cr.P.C. before the Hon’ble High of Punjab and
Haryana at Chandigarh.
6. It is significant to mention here that the MARKFED referred
the present dispute to the Arbitrator and lodged the claim
on 27.11.2000 as per the Arbitration clause before Shri
Kanwar Gulwant Singh, IAS (retired.) where the Petitioner
had also filed his written Statement and now the reference
is fixed for 1st June, 2001 for filing of Rejoinder and
Affidavit. In the claim, the allegation/version of MARKFED
is quite different from the one mentioned in the FIR. It is
further worth mentioning that the said Application has been
later on sought to be withdrawn by the MARKFED on their
own.
7. The Senior Superintendent of Police, Patiala passed an
order dated 19th January, 2001 on the aforesaid
investigation Report stating that 161, Cr.P.C. Statement be
recorded and legal requirements be complied with. It was
also directed that wherever statements are required under
Section 164 Cr.P.C., they be recorded.
8. Mr. H.S. Bains filed an Affidavit dated 6 th March, 2001 in the
Crl. Misc. No. of 2000 filed by the Petitioner before the
Hon’ble Court through his Advocate. Even though he was
not a party to the Petition filed by the Petitioner the Affidavit
was taken on record by the Hon’ble Court and is part of the
proceedings.
9. The Hon’ble High Court by its Judgment and Order dated 8th
May, 2001 has rejected the Petition of the Petitioner for
Anticipatory Bail. The Hon’ble High Court in the impugned
judgment and order, however, took notice of the findingof the
Superintendent of Police (Operations), Patiala that not only
the Petitioner but even the Complainant, viz., H.S. Bains,
District Manager, MARKFED and Shri Ravinder Narain
Sharma, Field Officer of MARKFED were also involved in
misappropriation of the said paddy. It is submitted that
notices were directed to be issued to these officers of the
Respondents who were directed to appear before the Hon’ble
High Court in person.

10. That in the light of the facts and circumstances narrated


above, the present Petition is of urgent nature. The
Deponent herein submits that in the event of the present
Petition being not listed during vacation, the purpose of filing
the present Petition along with Application for Bail will be
frustrated inasmuch as the time prescribed for filing an
Appeal before this Hon’ble Court against the impugned
judgment and order would expire, immediately upon which,
it is apprehended, the Petitioner would be arrested by the
police authority in pursuance of the FIR No.238 of 18.12.
1994 in which investigation is going on.

11. That the Petitioners is filing along with the accompanying


Special Leave Petition an Application for Bail praying for a
direction that the Petitioner be immediately released on bail
in the event of his arrest in connection with FIR No.238 of
18.12. 1994 lodged with Police Station Kotwali Barnala ,
District Sangrur Punjab .

DEPONEN T
VERIFICATION:
Verified at New Delhi on this th day of May , 2002 that the
contents of the above Affidavit are true and correct to the best of
my knowledge and belief and that nothing false has been stated
therein or material concealed therefrom.

DEPONEN T
DEPONEN T

VERIFICATION:

Verified at New Delhi on this the 13 th day of May 2002 that the contents
of the above Affidavit are true and correct to the best of my knowledge
and belief and that nothing false has been stated therein or material
concealed therefrom.

DEPONEN T
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRL. MISC. PETITION NO. OF 2002

IN

SLP (CRL.) NO. OF 2002

IN THE MATTER OF:

Amrik Singh ... PETITIONER

VERSUS

State of Punjab … RESPONDENT

A FF I D A VI T

I Amrik Singh son of late Kandhara Singh, aged about 50 years, resident

of Nandgarh Police Station Goohla Distt. Kaithal, Punjab, Now presrnt at

New Delhi, do hereby solemnly declare and state as under:

1. That I am Petitioner in the above matter and am therefore

competent to swear the present Affidavit.

2. That I am fully aware of the facts and circumstances of the present

case and I am, therefore, competent to swear the present Affidavit in

support of the Application for exemption from surrender.

3. That the contents of the accompanying Application for exemption from

surrender and state that the same are true and correct to the best of my

knowledge and belief.


DE P O N E N T

VERIFICATION:

Verified at New Delhi on this the day of May 2002 that the contents of

the above Affidavit are true and correct to the best of my knowledge and

belief and that nothing false has been stated therein or material

concealed therefrom.

DEPONENT
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (CRL.) NO. ________OF 2002

IN THE MATTER OF:

R. Ranganathan ... PETITIONER

VERSUS

The District Magistrate … RESPONDENTS

CERTIFICATE

Certified that the SLP is confined only to the pleadings before

the Court whose order is challenged and the other documents relied

upon in those proceedings. No additional facts, documents or grounds

have been taken therein or relied upon in the SLP.. This certificate is

given on the basis of the instructions given by the Petitioner/person

authorised by the petitioner/s whose Affidavit is filed in support

of the Special Leave Petition.

FILED BY:

[S. Ravi Shankar ]


Advocate-on-Record for the Petitioner
New Delhi,
October 31 , 2002
IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

REVIEW PETITION (CRL.) NO. OF 2002

IN

SLP (CRL.) NO. 3358 OF 2002

IN THE MATTER OF:

Amrik Singh ... PETITIONER

VERSUS

State of Punjab … RESPONDENT

A FF I D A VI T

I Buta Singh son of late Mangal Singh, aged about 50 years, resident of
Nandgarh Police Station Goohla Distt. Kaithal, Haryana, Now presrnt at
New Delhi, do hereby solemnly declare and state as under:

1. That I am a Pairocar of the Petitioner being Brother


of the Petitioner and am therefore competent to
swear the present Affidavit in support of the Review
Petition.

2. I am fully aware of the facts and circumstances of the


present case and I am therefore, also competent to
swear the present Affidavit in support of the Review
Petition.

3. That I have read and fully understood contents of


the Review Petition and state that the same are
true and correct to the best of my knowledge and
belief.

DEPONENT
VERIFICATION:
Verified at New Delhi on this 25th day of November 2002 that the
contents of the aforesaid Affidavit are true to my knowledge and
that no part of it is false and that nothing material has been
concealed therefrom.

DEPONENT

You might also like