HARDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by the petitioner, seeking a direction to respondents to register an FIR against the persons named in the complaint dated 20.8.1999 submitted by the petitioner before various Senior Officers.

(2.) IN the petition, it was alleged that Jaswinder Singh brother of the petitioner, was having love affair with one Kiran Preet Kaur and about 8 days prior to the lodging of the complaint dated 20.8.1999, Annexure P-1, said Jaswinder Singh and Kiran Preet Kaur ran away from the village to some unknown place and after great efforts they were found and thereafter Kiran Preet Kaur was restored to her parents. It was alleged that on account of the said incident, parents/relatives of Kiran Preet Kaur started harassing the petitioner, his brothers and other family members. It was alleged that on 15.8.1999, Laddoo armed with a pistol alongwith others visited the tubewell of the petitioner and damaged the switch, starter and the motor resulting in damage to the paddy crop as the same could not be irrigated because of damage to the tubewell. It was alleged that again on 17.8.1999, various persons named in the complaint dated 20.8.1999, criminally trespassed into the house of the petitioner and damaged the household articles and television etc. and at that time Kuldeep Kaur and Jasbir Kaur, daughter and wife of Balkar Singh were present in the house. It was alleged that thereafter the persons named in the said complaint took away Kuldeep Kaur and Jasbir Kaur and were kept in illegal custody for 3 days and subsequently they were released from their illegal custody with the intervention of the respectable. It was alleged that the petitioner reported the matter to the SHO, but no action was taken, whereupon on 20.8.1999, the petitioner sent registered letters/complaints to various officers, copy Annexure P1, but no action was taken by the police. It was alleged that again on 30.8.1999, the accused persons armed with deadly weapons entered the flour mills of Balkar Singh, brother of the petitioner and took away with them electric motors and also damaged the flour mill as also the electric meter and also took away wheat flour which was lying in the flour mill. It was alleged that again on 26.9.1999, various persons from the accused side trespassed into the house of the petitioner and fired two shots and threatened petitioners side. It was alleged that when no action was taken against the accused persons, petitioner filed Crl. M. No. 33755-M of 1999 and the same was disposed of on 23.12.1999 with a direction to SSP, Muktsar to take such action on the said complaint of the petitioner as is required. It was alleged that on 18.1.2000, the petitioner alongwith other respectables met the SSP Muktsar and produced a copy of the order dated 23.12.1999 passed by this Court and requested him to take action against the accused by registering an FIR, but the SSP referred the matter to the DSP (D), Muktsar, who recorded their statements on 27.1.2000 and even subsequently statements of various persons were recorded. It was alleged that on the basis of those statements, cognizable offence were made out against the accused persons but no action was taken by the police and no FIR was registered. It was accordingly prayed that necessary direction be given to police to register an FIR under Sections 365, 427, 430, 451, 452, 343, 506, 148, 149 IPC and under Section 25 of the Arms Act on the basis of the complaint Annexure P-1.

(3.) I have heard the learned Counsel for the parties and have gone through the record carefully.