SAT PAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioner seeking a direction to the official respondents to register a case against the private respondents and for directing the investigation of the case by CBI or from the Crime Branch of the Haryana Police.

(2.) IN the petition, it was alleged that Prem Kumar, brother of the petitioner, was serving as Muneem with respondent No. 6, Telu Ram, for the last about 8 years and during the said period, the relations became strained between them and for that reason said Prem Kumar did not want to work in the month of July, 1998. It was alleged that thereupon respondent No. 6 threatened Prem Kumar and his family that he would get him kidnapped and would ruin his family and under that pressure his brother Prem Kumar again started doing the work of Muneem at the shop of respondent No. 6 at Jind. It was alleged that on 15.11.1998, Prem Kumar had gone to the shop of respondent No. 6 after lunch telling his wife that he had to settle the account with his Seth i.e. Telu Ram, as he had called him immediately after taking lunch. It was further alleged that since that time Prem Kumar had not returned to his house and is missing since then. It was alleged that immediately after the day since Prem Kumar was missing, 2 letters purported to the written by Prem Kumar were received addressed, one to the petitioner at village Banarashi and the over (other ?) to his father at Jind, to the effect that he was going to commit suicide due to harassment done by Telu Ram. It was further alleged that after searching Prem Kumar at different places, the petitioner sent complaint copy Annexure P-3 on 22.12.1998 to the SHO PS City Jind for the registration of a case against respondent No. 6-Telu Ram and his Muneem, respondent No. 7-Sunil Kumar. It was alleged that no action was taken by the police on the said complaint. It was further alleged that thereafter another complaint dated 31.1.1999, copy Annexure P-4 was sent by the petitioner to the SHO PS City Jind. It was further alleged that apprehending that he may be caught in the net Telu Ram got FIR under Sections 420, 406, 408, 467, 468, 471, 120-B IPC registered against Prem Kumar and his family members on 31.1.1999 in PS Jind. It was alleged that this was done after 2-1/2 months of the day since Prem Kumar was missing and this was done only to pressurise his family not to pursue registration of a case against him (Telu Ram). It was alleged that even the wife of Prem Kumar had sent an application to the police, on the basis of which DDR No. 17 dated 15.2.1999 was recorded in P.S. City Jind, but no formal FIR had been registered. It was alleged that the police was not taking any action in the matter as respondent No. 6 had close relations with the Chief Minister, Haryana and other political high-ups. It was accordingly prayed that necessary directions be given to official respondents to register a case against respondents No. 6 and 7 and the case be investigated by an independent agency like CBI or Crime Branch.

(3.) SEPARATE reply has also been filed by respondent No. 6 taking up similar pleas and alleging therein that he has no concern and alleging therein that Prem Kumar had himself absconded after mis-appropriating huge amount of money. I have heard the learned counsel for the parties and have gone through the record carefully.