PATEL REALTY INDIA LIMITED Vs. STATE

JUDGEMENT

(1.) Learned senior counsel appearing for the petitioners would submit that in these proceedings, "B" report is said to have filed by the first respondent - Police in Crime No. 376/2014 registered with Hebbagoudi Police and pending on the file of the JMFC Court, Anekal. In that view of the mater, according to him, these petitions have become infructuous. Sri. M.S. Shyam Sundar, learned counsel appearing for respondent Nos. 2 and 4 would submit to the Court that the respondent Nos. 2 and 4 would intend to pursue the dispute between them and the petitioners in Civil Court by initiating appropriate civil proceedings, which is also taken on record. With this, the present petitions are dismissed as having become infractuous.

(2.) While parting with this, this Court would observe an incident, which is brought to the notice of this Court particularly with the conduct of 3rd respondent, Kishore Kumar, Circle Inspector of Attibele Circle and Inspector in charge of Hebbagoudi Police Station. The incident is with reference a statement being recorded on behalf of Satwinder Singh Sokhey, S/o. Swaran Singh Sokhey, aged 45 years, working as Sr. General Manager of 1st petitioner herein. The said statement is said to have recorded in Hebbagoudi Police Station on 25.06.2014 at 11.40 p.m., which reads as under:

(3.) It is further seen that the Police Inspector has affixed his signature on the left side of the statement. It is not as if the statement is recorded before him, which is more like compelling the party to adhere to that. When that question was asked to 3rd respondent, he was not in a position to give any convincing answer to the Court. With this, it is seen that possible attempt on the part of 3rd respondent in trying to coerce the said Satwinder Singh Sokhey to commit himself to give an undertaking before the police with an attempt to make settlement between the parties cannot be ruled out. This kind of practice is rampant in these days, in police officers trying to usurp the powers of the Civil Court in forcibly trying to bring settlement between the parties without any authority of law authorizing them to do so. In the instant case, the recording of the statement keeping Satwinder Singh Sokhey up to 11.40 p.m., appears to be yet another attempt on the part of respondent No. 3, which conduct should not be encouraged.