SINGH RAM Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner seeks direction to respondent Nos. 2 and 3 to register a case against respondent Nos. 4 and 5 to investigate and further to take possession of the revolver of respondent No. 5 in police custody. In the alternative, it has been prayed that investigation of the case be handed over to some independent agency as this Court may deem fit under the circumstances of the case.

(2.) Singh Ram had addressed a communication dated 20.8.2001 to the Superintendent of Police, District Kurukshetra. It was stated therein by him that he is a resident of Village Mathana, Tehsil Thanesar, District Kurukshetra. The Sarpanch of the Gram Panchayat of that village along with his party men had encroached upon the land of the Gram Panchayat. It has resulted in loss to it. He had made a request to the Sarpanch and Panches of the Gram Panchayat to get the land under encroachment vacated but as the persons, who are in occupation of the encroached land, are the men of the Sarpanch, no action was taken against them. Thereafter, the report was made by him to the Deputy Commissioner in this regard who sent the same to D.D.P.O. and B.D.P.O. for necessary action. This annoyed the Sarpanch-Ishwar and his brother - Mohinder threatened the complainant to withdraw the application otherwise they would kill him. Mohinder brother of Sarpanch - Ishwar has been in possession of licensed revolver. On 12.8.2001. Mohinder and his brother - Ishwar forcibly entered the house of the petitioner and threatened him to withdraw the application otherwise he would be done to death. Thereafter, Mohinder had abused and shown the revolver to him and stated that if he did not stop doing so, he would be stopped for ever by him. Because of the continuous threats from Ishwar and Mohinder to the complainant and his family members a prayer had been made to register the case against them. When no action was taken on his complaint the petitioner invoked the jurisdiction of this Court.

(3.) Notice of this petition was given to the respondents. While resisting the petition, respondent Nos. 1 to 3 have taken the stand that the petitioner is a quarrel some person and is habitual of filing false applications. While refuting allegations made against respondent Nos. 4 and 5, it was stated that both of them are peace loving and law abiding persons of the society. It was further stated that Ejectment proceedings against the unauthorised occupation of the gram Panchayat land had been initiated and Police help was sought in order to demarcate the land with the help of Halqa Patwari. Report in this regard has already been sent which was forwarded to the Kanoongo to the S.D.M. It has also been pointed out that the petitioner had concealed the material facts from the Court because earlier he moved an application is this Court for direction to file a case in proper Court at Kurukshetra for Ejectment of persons who were in unauthorised occupation of the panchayat land and the same was dismissed as withdrawn on 29.8.2001.