NARESH KUMAR SEHGAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner claims himself to be a Journalist and President of All India Hindu Welfare Committee. Apprehending arrest in FIR No.294 dated 31.12.2010, registered at the instance of Surinder Singh Bedi, alleging that on 29.12.2010, the complainant was going with Surinder Kapoor riding pillion on his motorcycle. At about 8:00 PM, Naresh Kumar Sehgal, the petitioner, along with three other unidentified persons intercepted them. The petitioner raised Lalkara that they will not be left alive. Surinder Kapoor allegedly accelerated the motorcycle, on which the petitioner had attacked with Kappa with an intention to kill them. As Surinder Kapoor bowed his head, Kappa hit on the back side of the head of complainant and he fell down from the motorcycle but Surinder Kapoor escaped from the spot. While complainant was laying down, the petitioner attacked the complainant with Kappa hitting the complainant on his right leg whereas the three unidentified persons hit kicked the complainant on his back. When he raised alarm, the petitioner escaped from the spot along with his accomplice. The complainant was admitted in Civil Hospital, Kotkapura. The motive which has been attributed by the complainant is that the complainant's relation Ravinder has got a dispute with the complainant and with a vindictive mind, Naresh Kumar Sehgal sharing common intention with his co-accused had inflicted injuries on his person whereas Surinder Kapoor had a narrow escape. The statement of the complainant was recorded after receipt of MLR on 29.12.2010. After verifying the facts, the FIR was registered on 31.12.2010, against the petitioner.

(2.) Counsel for the petitioner has contended that the petitioner has been falsely implicated in the case as he has got registered a case under Section 307, 392, 327, 323, 201 & 120-B IPC as FIR No.129 dated 30.06.2006, against the Deputy Chief Minister of Punjab, at Police Station, Kotkapura. He had been approached by the Deputy Chief Minister, to compromise the matter and therefore, had not succumbed to the pressure rather he filed a petition in the High Court for handing over the transfer of said case to CBI and to protect his life and liberty. The police is helping accused in FIR No.129 of 2006 by presenting a half backed challan in the Court of Judicial Magistrate. He claims that he has been assaulted number of times at the instance of the Deputy Chief Minister. He claims that on 11.05.2009, a murderous attack was made on him by five unidentified persons in Kotkapura, therefore, he has filed a miscellaneous application in the High Court for necessary action. He claims that on 07.08.2009, he was attacked by Raju Thapar and others and was admitted in a Hospital at Kotkapura but the police did not record his statement as such, he had to approach High Court for necessary action. He has submitted in the petition that despite orders of the High Court, the petitioner has not been provided any security. He has been provided Gunman in papers. He claims that on 31.03.2010, he was intercepted by Rommy Kapoor and others and he was threatened to withdraw the cases against the Deputy Chief Minister and caused serious injuries to him when he refused to sign an affidavit. He was admitted in Hospital. Petitioner had again filed a petition for protection of his life and liberty. He claims that on 18.12.2010, he was again attacked by Ajit Kumar Mehta and others threatening to withdraw the cases against the Deputy Chief Minister. Petitioner had received injuries and was medico-legally examined in Civil Hospital, Kotkapura. Though his statement was recorded by the police but no action was taken. He claims that on 09.12.2010, X-ray was conducted. Ajit Mehta, Rommy Kapoor and other police officials had again threatened him to withdraw the complaint and leave the hospital. He claims that on 26.12.2010, again a murderous attack was made on him by accused Rommy Kapoor along with other persons and when he was going on his scooter, they gave beatings to the petitioner. The petitioner went to the Hospital where he was medico-legally examined for injuries suffered by him. Petitioner reported the matter to the senior police officials, but again no action was taken. He claims that an FIR No.293 dated 30.12.2010, was registered regarding the occurrence dated 26.12.2010. The petitioner has pleaded that on 26.12.2010, when he was admitted in Emergency Ward, he was attacked by three persons armed with Kirpan, and other sharp edged weapons. He claim that Surinder Kapoor, and his brother Rommy Kapoor caught hold of petitioner from his neck and gave blows with butt of weapon. He raised alarm and on arrival of hospital staff the assailants ran away. His injuries were recorded vide MLR No.130 dated 26.12.2010.

(3.) I have carefully taken into consideration each and every allegation of the petitioner. Since the petitioner had levelled allegations which are extraneous to the merits of the case, the State opted to file a detailed reply. The petitioner was directed to join investigation vide interim order dated 21.02.2011. A detailed affidavit was filed by the Senior Superintendent of Police on behalf of the State that when the petitioner joined the investigation on 12.04.2011, he threatened the Investigating Officer claiming that he was chief Editor of a Newspaper and he was President of All India Hindu Welfare Committee and that Sukhbir Singh Badal had got an attack made on him and an FIR No.129 dated 20.06.2010, was recorded and that he had filed many writs against Surinder Singh Bedi and others in the High Court and that some senior officer should investigate the matter. He refused to cooperate in the investigation and threatened that he would easily get bail from the High Court. He claimed that he was not feeling well and requested for some time for rest. After ten minutes he again repeated the words above mentioned. He again threatened the Investigating Officer. He threatened that he would file a writ against the Investigating Officer. In the affidavit of Senior Superintendent of Police, Faridkot, it is mentioned that the petitioner had threatened that he was contesting against the high rank officers of the Government and that they are scared of him whereas the Investigating Officer is a petty officer in comparison to him. On the pretext of he not having good health, he was left free by the Investigating Officer. On interrogation, the approach of the petitioner was evasive. The petitioner has filed a counter affidavit reiterating the pleas taken in the petition. After going through the entire history, this Court is of the considered opinion that the petitioner is in the habit of filing complaints to all the authorities like President, Prime Minister, Home Minister, Governor of the State, Chief Secretary, Principal Secretary to DGP, ADGP, DIGs and SHOs for his every grievance. His allegation that he has lodged an FIR against the present Deputy Chief Minister in the year 2006 and he has got apprehension in his mind that on account of said FIR, he is being threatened, beaten and harassed by everyone at the instance of the Deputy Chief Minister. It appears that the petitioner does not miss any opportunity to claim advantage of the pendency of criminal cases having been registered at his instance and he alleges vindictiveness against the Deputy Chief Minister and every police official from the rank of DGP to SHO for everything happening to him. The affidavit of Senior Superintendent of Police, Faridkot, and the report of Investigating Officer and various DDRs recorded, are indicative of the fact that the petitioner is in the habit of repeating the above said events as and when he is required to explain his conduct.