SATISH KUMAR SAINI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petition in hand has been filed by the petitioners (who also appeared/argued in person) under Sec. 482 of Cr.P.C., 1973 for issuance of direction(s) for registration of an FIR against one Inspector Rupinder Singh, SHO, Police Station, Phase-8, Mohali and other accused named in the complaint dtd. 10/3/2024 (copy whereof has been annexed as Annexure P-1 with the instant petition) and subsequent representation dtd. 22/3/2024 (copy whereof has been annexed as Annexure P-2 with the instant petition); for transfer of consequential investigation of the FIR so registered to Central Bureau of Investigation (hereinafter to be referred as 'CBI'); to award compensation to the victims (including the petitioners herein) and for further direction to the official respondents not to take any coercive action against the petitioners (herein) in pursuance of any counter case registered by the Punjab Police without the leave of this Court and/or with an advance notice, of atleast, fifteen days in writing to the petitioners.

(2.) The gravamen of the complaint in question (Annexure P-1);which was submitted by the complainant (petitioner No.1 herein) to Director General of Police, Punjab Police Headquarters, Chandigarh; is that on the day of occurrence, at about 12:40 P.M., he went to the bathroom to take a bath. Suddenly, he heard noises and the door of his bathroom was forcibly kicked open thus breaking the latch. A person, later identified as SHO Rupinder Singh, whom the complainant has never met before, entered the bathroom. Without any conversation, he started physically assaulting the complainant with punches and kicks, including a kick on the private parts. It was further alleged that the two accompanying Constables, who were not wearing nameplates, held the complainant tightly by his hands during the assault. After having dragged the complainant into the bedroom, the said Rupinder Singh threatened the complainant to vacate the house and hand-over the possession to Mr. Sharma (owner of Sharma Tent House, Phase-10, Mohali), Mukesh Virmani, Pawan Mahajan, Chetan Mahajan and their accomplices. He also issued threat that failure to comply within one week would result in fabricated police cases against the complainant and his family members alongwith severe consequences. It was further alleged that before the alleged assault the aforesaid accused alongwith ASI Bhupinder Singh had forcibly entered the house of the complainant by breaking open the main wooden and mesh doors whereupon all the aforesaid accused physically assaulted the wife of the complainant as she attempted to record their illegal entry using her mobile. The accused snatched the mobile phone of the wife of the complainant and when she tried to escape to the drawing room, the accused dragged her outside to the veranda and continued their aggression. It was further alleged by the complainant that his son namely Kartik Saini, who was in his bedroom, was also assaulted by the accused, including HC Sukhjit Singh. They inflicted severe injuries, tore his T-shirt and chased him outside the house through the back gate. Even on the street (outside House No.1050), the accused Sukhjeet Singh and one Constable continued to assault the son of the complainant, snatched his gold chain (approx. 1 tola in weight) and his mobile phone. It was further alleged in the complaint that before leaving at around 1:00 PM, the accused stole the car keys of the complainant and drove away the same to an undisclosed location. The dashboard of the car had Rs.42,500.00 in cash and three debit cards. On account of the physical injuries sustained, the complainant and his family sought treatment at Government Hospital, Sector-32, Chandigarh. In view of the facts narrated hereinabove as also involvement of the Police officials, the complainant had requested for the strict action.

(3.) The petitioners (who appeared in person) have argued that the complaint which was filed by them contains clear accusations of cognizable offences of illegal trespassing, criminal assault, sexual harassment of petitioner No.2, snatching/robbery etc. as also for causing physical injuries to the petitioners and their son at the instance of the persons named in the complaint in connivance with the police officials but no action, muchless as required in law, has been undertaken by the Punjab Police. It has been iterated that the crime(s) committed is clearly visible in the CCTV footage, as available with the petitioners, which has already been furnished to the police authorities. It has been further argued that the dishonest intent behind the police not taking the requisite action, in accordance with law, due to senior Police Officer of Punjab Police being bent upon grabbing the property of the petitioners illegally and, thus, unlawful pressure is being exerted upon the local police not to take action as envisaged in law. Furthermore, petitioners have submitted that the crimes committed by the accused are part of a larger conspiracy to forcibly dispossess the petitioners from their property. According to the petitioners, the petitioner No.1, who has 50% ownership right in the property in question, became aware of an illicit deal between his brother and a senior Police Officer of Punjab Police and in response thereto, the petitioners filed a suit for permanent prohibitory injunction to restrain any interference in their peaceful possession of the property. It is iterated that, instead of following due legal process, the senior police Officer has resorted to illegal means by leveraging his official position and authority and the ongoing harassment is a part of deliberate attempt to pressurize the petitioners to vacate the property in question. Such misuse of power by the Police demonstrates a blatant disregard for the law and a gross abuse of authority. The petitioners have further iterated that since there is involvement of senior Police Officer(s) behind the scene, the local Police will not be able to undertake the investigation in a free and fair manner and hence the matter ought to be investigated by the CBI.