Prima Facie Evidence on Record to Make it a Triable Case: Supreme Court Upholds Summoning of Police Inspector in Corruption Case

In a significant ruling, the Supreme Court of India has dismissed an appeal filed by Inspector Gurdev Singh Bhalla, challenging the order of the High Court of Punjab and Haryana. The High Court had dismissed the criminal revision against the summoning of the appellant under Section 319 of the Code of Criminal Procedure, 1973, in a case involving allegations of corruption and extortion by police officials.

The bench, comprising Justices Vikram Nath and Rajesh Bindal, observed that there is "prima facie evidence on record to make it a triable case" against the appellant. This statement forms the crux of the Court's decision to dismiss the appeal, allowing the trial to proceed against Inspector Bhalla and other involved officials.

The case originated from an FIR lodged against Devraj Miglani for misappropriating paddy worth Rs.4.18 crores. During the investigation, led by Inspector Bhalla, allegations surfaced of extortion and corruption by the police. The informant, Puneet Miglani, son of the accused Devraj, claimed that the police, including Bhalla, demanded large sums of money from his family, exploiting their vulnerable situation.

In the trial, Miglani moved an application under Section 319 Cr.P.C., seeking the summoning of the appellant and three other police officials. The Trial Court initially rejected this application but later allowed it, leading to the summoning of the appellant. Bhalla challenged this decision, arguing that there was no substantial evidence against him and that the allegations were a retaliation for his testimony against Devraj Miglani.

The Supreme Court, after a thorough examination of the case, found the allegations substantial enough to warrant a trial. The judgment emphasized the need for a fair trial, stating that the observations made in the order should not influence the Trial Court. The Court further clarified that the trial should proceed based on the evidence presented, uninfluenced by the Supreme Court's current findings.

This ruling has significant implications for the accountability of police officials and the integrity of the judicial process in cases involving allegations of corruption within the law enforcement system. The dismissal of the appeal by the Supreme Court paves the way for a transparent and fair trial, ensuring that justice is served.

Date of Decision: 5th January 2024

GURDEV SINGH BHALLA VS STATE OF PUNJAB & ORS.