GAGAN PURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for issuance of a writ in the nature of mandamus directing respondent No.2 to protect the life and personal liberty of the petitioners, statedly being harassed by respondents No.3 to 5, at the instance of respondents No.6 and 7 and to take appropriate action on the representation dtd. 7/6/2021 (Annexure P-5) moved by the petitioners.

(2.) Learned counsel for the petitioners submits that FIR No.90 dtd. 27/3/2021 under Ss. 408 and 120-B IPC, at Police Station Salem Tabri, District Ludhiana, was got registered by petitioner No.l against respondents No.6 and 7, but the said respondents being influential persons, while hiding themselves at Patiala, were threatening the petitioners to withdraw the aforesaid FIR. He further submits that the anticipatory bail petition preferred by respondent No.6 was dismissed by this Court on 28/4/2021 and thatthe investigating agency tried to arrest respondents No.6 and 7, but they evaded their arrest and fled away on their motorcycle.

(3.) Learned counsel for the petitioners further submits that in connection with the aforesaid FIR and to search for respondents No.6 and 7, the Police party departed from Ludhiana to Patiala, as indicated in General Diary No.24 dtd. 21/5/2021 (19:45 hours); that on reaching Police Station Kotwali, Patiala, General Diary No.73 dtd. 21/5/2021 (22:56 hours) was recorded and that respondents No.6 8& 7, namely, Amit Kumar @ Kaka and Suraj Kumar, both sons of Ram Shankar, were arrested on 22/5/2021 and accordingly, DDR No.2 dtd. 22/5/2021 (00:30 hours) was recorded at Police Station Salem Tabri, Ludhiana. He further submits that, after the arrest of respondents No.6 and 7, wife of respondent No.6, namely, Babita, and sister of respondents No.6 and 7, namely, Neha, moved two complaints to the concerned police (one at Patiala and one at Ludhiana), alleging therein that respondents No.6 and 7, were kidnapped by the petitioners. Still further, it is submitted that the factum of the police party reaching Patiala to arrest the accused, was noticed in the General Diary, but there was nothing recorded therein that any act of omission or commission was done by the petitioners, at the time when respondents No.6 and 7 were arrested by the Police and that the application/complaint moved by the sister of respondents No.6 and 7, was considered by the competent authority and the same was filed/consigned.