DHARAM VIR KHOSLA Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) DHARAMVIR Khosla has filed this petition under Article 226 of the Constitution of India for advising Station House officer, Hariana, to register a case under Sections 403, 404, 406, 419 read with Section 109 of the Indian Penal Code against Shri Prem Piara Khosla and three others mentioned in the heading of the petition. As per averments made in the petition he had some dispute regarding property with Shri Prem Piara Khosla and others. He had filed a suit for rendition of accounts which was decided by Sub-Judge Ist Class, Hoshiarpur on 24.12.1981. The property in question was joint Hindu Family property of the petitioner and Shri Krishan Gopal Khosla father of Shri Prem Piara Khosla who died on 22-7-1974. Shri Krishan Gopal Khosla committed fraud and misappropriated Joint Hindu Family funds. Joint Hindu Family estate devolved upon Shri Prem Piara Khosla after the death of his father and he was liable for offences under Sections 419, 403, 404 and 406 of the Indian Penal Code. Navin Kumar and Ashwani Kumar were the sons of Shri Prem Piara Khosla and Krishan Kant Sharma was their permanent counsel and as such they too were liable for the various offences. A complaint dated 25.3.1992 was addressed to Senior Superintendent of Police, Hoshiarpur which was endorsed by him to Station House Officer, Police Station Hariana vide his office Diary No. 281 of the even date for necessary action but no case had been registered against Shri Prem Piara Khosla, his sons and their counsel.

(2.) IN the return filed by the respondents this fact was admitted that complaint dated 25-3-1992 was received from the petitioner and the same was sent to Station House Officer, Police Station Hariana for necessary action. On enquiry the complaint was found to be false.

(3.) IT was urged on behalf of the State that this petition was not maintainable. In fact the dispute between the petitioner and other members of Joint Hindu Family was of civil nature and earlier, as is made out from Paras No. 1 to 15 of the petition, the petitioner had filed a civil suit for rendition of accounts which was decided on 24-12-1981. If the petitioner was not satisfied with the judgment and decree passed by the Civil Court he could prefer an appeal against that judgment and decree but no appeal was filed and the decree of the civil court had become final.