BABA PURAN NATH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition has been filed under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure for issuance of a criminal writ directing respondent Nos. 1 and 2 for registration of FIR against respondent Nos. 3 to 8 for poisoning 20 people out of which 6 are said to have died.

(2.) THE petitioner is a Mahant of Balmik Ashram (Mandir), Gian Ashram Tirath, Tehsil Ajnala, District Amritsar which is stated to be one of the oldest religious Institutions in Punjab. The petitioner has stated that Goddess Sita stayed at this Ashram and gave birth to Lov and Kush and as such this place is one of the holiest temples in India. The Mahant of the Ashram on behalf of the Ashram had taken certain land on lease from the Panchayat of Village Kaler. The deed was executed on 13.8.1996 and expired on 12.8.1997. The whole amount of the lease being Rs. 30,500/- was paid by the petitioner. Respondent Nos. 3 to 8, however, wanted to take possession of land. Fearing that the Ashram would be dispossessed, petitioner sought protection in the Court of District Development and Panchayat Officer. The apprehension of the petitioner was based on the fact that the land was sought to be auctioned on 13.8.1996. On the application, filed by the petitioner, the Court held that the auction shall remain stayed till 13.8.1997. This order was passed on 17.5.1997. The next date was fixed on 21.5.1997. However, on the very next date i.e. 18.5.1997, the aforesaid order of stay was vacated.

(3.) MR . Kataria has submitted that the local Police has favoured respondent Nos. 4 to 8 at the instance of respondent No. 3. He further stated that this is a fit case where the matter ought to be directed to be investigated by the CBI. Learned Counsel does not dispute the fact that the criminal report received subsequently had indicated that no poison was found in the food which was eaten by the people who either fell ill or died. However, he submits that this medical report by itself is not sufficient to withhold further investigation. He submits that it was necessary for the Police to examine the Doctor who gave the report. Furthermore, there is an affidavit which was given by a person known as Kuldip Singh who has categorically stated that the report has been procured.