RAM KISHAN Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) NOTICE of motion.

(2.) MR . Abhishek Chautala, Assistant Advocate General, Punjab, has accepted notice on behalf of respondents.

(3.) RECORD reveals that petitioner had filed civil suit for permanent prohibitory injunction being Civil Suit No.301 of 1995 which was decreed in favour of the petitioner on 04.09.1998. Petitioner had also filed another suit for mandatory injunction against Gram Panchayat and others for constructing drain to avoid accumulation of waste water damaging the house of the petitioner. Second suit for mandatory injunction was also decreed by the trial court on 10.12.2003 and decree was upheld by this Court in Regular Second Appeal No.1980 of 2009 vide judgment dated 13.05.2011. During the pendency of civil suit, Darshan Singh the then SHO, Police Station Pathankot, called the petitioner in the police station and forced him to sign compromise dated 23.10.1998 while keeping the petitioner under illegal detention. Petitioner filed a private complaint before the Magistrate against Darshan Singh, SHO, Police Station Sadar, Pathankot. Learned Magistrate initially issued the summoning order, however, despite of several summons and warrants accused Darshan Singh failed to appear before the Magistrate. Proclamation was issued against Darshan Singh under sub -section (1) of Section 82 Cr.P.C. and thereafter he was declared proclaimed offender vide order dated 07.11.2009. Darshan Singh, Inspector of Punjab Police is not being arrested by other officials of the Punjab Police despite of several warrants and declaring him proclaimed offender vide order dated 07.11.2009. Petitioner has knocked the door of this Court under Section 482 Cr.P.C. directing the respondents to ensure the arrest of Darshan Singh, Inspector, to face the trial before the learned Magistrate.