(1.) THIS petition under Section 482 of the Code of Criminal Procedure has been moved by Mr. Daljit Singh Rajput, Advocate, Moga.
(2.) THE substance of the averments made by the petitioner in the petition is that there is political rivalry between him and Sathi Roop Lal against whom he fought two elections in 1991 and 1993. The latter's son Vijay Kumar Sathi is a sitting M.L.A. in the Punjab Legislature. They have one B.M. Modi also in their faction. Apart from political rivalry with the aforesaid, there are disputes going on between the petitioner on the one hand and certain office bearers of one Ayurvedic College and Hospital, Moga. The petitioner is General Secretary of the said College and Hospital, while B.M. Modi referred to above also claims to be its General Secretary. Various cases are going on between the two factions referred to above. The petitioner further averred that the opposite party was bent upon involving the petitioner in some false case of a serious nature in collusion with the police. The petitioner filed Crl. Misc. No.12471-M of 1992 under Section 438 of the Code of Criminal Procedure, in which by order dated January, 27, 1993, a learned Judge of this Court directed that the petitioner shall not be arrested in any case without permission of this Court. Apart from five cases mentioned at serial Nos. (i) to (v) in the reply filed by Shri K.B. Singh, Superintendent of Police (HQrs) Faridkot in this petition, three more cases were registered against the petitioner after January, 1993. These are at various stages of investigation. The last case is FIR No. 61 dated August 2, 1993, under Section 376 of the Indian penal Code, at Police Station Sadar Moga. In view of the order of blanket bail dated January 27, 1993, referred to above, the State moved Crl. Misc. No. 9372-M of 1993 seeking permission of this Court to arrest the petitioner in case FIR No. 61 dated August 2, 1993, under Section 376 of the Indian Penal Code. On behalf of the petitioner, Crl. Misc. No. 9490-M of 1993 for the grant of anticipatory bail in the said case under Section 376 Indian penal Code was moved. Both these petitions were disposed of by a learned Single Judge of this Court by orders dated August 20, 1993. The application made by the State for permission to arrest the petitioner was allowed. Application for anticipatory bail moved by the petitioner was dismissed. Copies of orders are annexures P-8 and P-9 filed with the petition and Annexures R-1 and R-2 filed with the aforesaid reply. Against the dismissal of application for anticipatory bail, the petitioner filed SLP (Crl.) No. 1721 of 1993, in which notice was issued to the State and thereafter the said SLP was dismissed by their Lordships of the Supreme Court on September 14, 1993.
(3.) NOTICE of the application was served on the Advocate-General, Punjab, and Mr. S.S. Saron, Deputy Advocate-General, Punjab, who was present in Court accepted the same. The petitioner was allowed to surrender as prayed for by him on September 20, 1993, and he was ordered to be sent to judicial custody at Chandigarh. It was expressly made clear that the said order was being passed at the request of the petitioner himself and the same would not prejudice claim of the State for a remand to police custody, which might be made at later stage. The case was adjourned until today at the request of Mr. S.C. Sibal, Senior Advocate, appearing for the petitioner, on account of his personal difficulties. In the meanwhile reply has also been filed on behalf the State.