HARJINDER SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The instant petition has been filed under of the Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C.") for protection of life and liberty of the petitioner, handing over the investigation to respondent No.5 Central Bureau of Investigation (hereinafter referred to as the "CBI") and for other reliefs on the ground that respondent no.4, who is presently an MLA from Mohali and who is also named as the main conspirator and abettor in FIR No. 56, dated 19.12.2010, under Sections 302, 307, 148, 149, 120-B IPC and Sections 25 and 27 of the Arms Act, registered at Police Station Balongi, District S.A.S. Nagar is maneuvering the investigation on account of which the police is not arresting the real accused and are continuously harassing the petitioner and forcing him to enter into a compromise with respondent No.4 and his brother Amarjit Singh @ Jeeti.

(2.) Brief facts as narrated in the FIR are that petitioner/complainant-Harjinder Singh made a statement that on 18.12.2010, at about 9.15 PM, his cousin Gurpreet Singh had gone to take documents from vehicle bearing No. PB-65-F-3737 belonging to Sadhu Singh, uncle of the complainant. After some time, they heard commotion.

(3.) On hearing that petitioner/complainant along with his brother Harpreet Singh, father Rattan Singh, sister Kulwinder Kaur and uncle Amrik Singh went towards the house of Kulwant Singh. The complainant party noticed that Kulwant Singh, Sarpanch and others were quarrelling with Gurpreet Singh. Kulwant Singh and his brother Dilbar Singh armed with .12 bore rifles, Jatinder Singh son of Kulwant Singh having pistol, Amarjit Singh @ Jitti also having pistol and some more persons were also present in the courtyard of Kulwant Singh's house. Upon seeing the complainant party, Kulwant Singh raised a lalkara that the complainant party be not spared.