Haryana minister Sandeep Singh, who is facing a sexual harassment FIR, Sunday joined the police investigation in Chandigarh. His lawyer said that the minister was questioned for seven hours and the police took his two official mobile phones into possession for further probe. Sandeep told Total TV that he joined the police investigation Sunday, adding that his advocate Deepak Sabharwal is looking after the case. Sabharwal said the minister had received a notice under Section 41A of the CrPC on Saturday in which he was asked to appear at 11:30 am on Sunday. “On the basis of that notice, Sandeep Singh had gone to Chandigarh’s Sector-26 police station at 11:30 am and they (investigators) questioned Sandeep till 7 pm. Whatever questions they asked, he replied. Whatever documentary proofs we had, we have handed them over to the police,” the lawyer told the TV channel. Asked about the allegations of the woman coach, Sabharwal said: “Sandeep Singh has told the police that the allegations against him are false and baseless while giving documentary proofs in this regard. He told the police that he would join the investigation as and when called.” “Biggest thing is that if an occurrence takes place with someone on July 1, 2022, I don’t think a person will be quiet for six months. The complainant has lodged her complaint for the first time on December 29, 2022. A delay matters a lot in a criminal case,” the lawyer added. He said: “See, an FIR is not a cyclopaedia. Anyone can get lodged an FIR, it’s the right of everyone. Like, (if) I am on the way, (and) I feel that some crime is taking place, then I can also lodge a first information report (to the police). But we have faith in the Chandigarh Police that it will bring the truth out by probing the matter.” Explaining the procedure to call an accused in a case, the lawyer said: “This is not a special FIR. This is the procedure of every case that first an FIR is lodged, then the statement of the complainant is recorded under Section 164 of the CrPC. After questioning the complainant, the opposite party is called, like in this case Sandeep Singh was called Sunday. The complainant gave her version before the police and Sandeep Singh told his. Now this is a matter of investigation. After evidence from both sides and listening to their versions, the police will reach a conclusion. We have full faith that the police would do a fair investigation.” Talking about Section 41-A of the CrPC, Sabharwal said that this section is related to appearance before a police official. “In a landmark decision in Arnesh Kumar versus State of Bihar (2014), the Supreme Court had made it mandatory that in an FIR — in which there is provision of up to seven years sentence — an accused can’t be arrested directly. The police are supposed to serve a notice under Section 41-A to the accused first and let him join the investigation.” On the FIR in this case, the lawyer said: “In this case, an offence under Section 354-B of the IPC can attract jail sentence up to seven years while in the rest of the offences, there is a provision of one to three years. So, the SC ruling of Arnesh Kumar versus State of Bihar is applicable in this case.” The Chandigarh Police had lodged an FIR against Sandeep, a former Olympian, on charges of stalking, illegal confinement, sexual harassment and criminal intimidation. The police formed a Special Investigation Team (SIT) to probe the allegations.
Sunday, January 08, 2023
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