VISHAV BHOOSHAN SOOD Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (For short 'BNSS') seeking quashing of FIR No.275 dtd. 30/10/2022 registered at Police Station Division 5, District Police Commissionerate Ludhiana under Ss. 341, 342, 347 and 506 read with Sec. 34 of IPC, challan report filed under Sec. 173 of Cr.P.C. as well as the order dtd. 9/7/2024 passed by the Additional Chief Judicial Magistrate, Ludhiana, whereby the cancellation report submitted by the police had been rejected and the subsequent proceedings having emanated therefrom.

(2.) Brief facts relevant for the purpose of disposal of this petition are that the aforementioned FIR was registered on the basis of a statement recorded by respondent No.2-Vineet Goyal on 30/10/2022, alleging therein that he had purchased a Farm house at Sarabha Nagar, Ludhiana in the year 2018. The sale deed was registered in the name of his wife and himself. The present petitioner owned a plot adjoining to the property so purchased by his wife and himself. He had been pressurizing the respondent No.2 to purchase the same by asking for exaggarated sale consideration amount. In the morning of 6/10/2022, the respondent No.2 had gone to District Court, Ludhiana. At about 12:30 PM, when he came out of the Court premises and was passing through the backside gate of the Court, the petitioner along with two unknown persons intercepted him, forcibly made him sit in an Innova car and told him to give a sum of Rs.2.00 crores and otherwise threatened to take possession of the property of the respondent No.2. The respondent No.2 requested the petitioner and his companions to give him sometime to make discussion with his family members and then while extending threats to kidnap his children, the petitioner threw him outside his car at some distance. While alleging that the incident had been witnessed by his maternal uncle Ravi Goyal and that he was scared of visiting his own property, he prayed for taking action in the matter.

(3.) After registration of FIR, investigation proceedings were initiated. After conducting thorough investigation in the matter, a cancellation report had been prepared by the investigating agency which was presented before the Court of jurisdictional Magistrate/Additional Chief Judicial Magistrate, Ludhiana. He passed order dtd. 9/7/2024 and sent the matter back to the concerned SHO for conducting further investigation by observing that the complainant was not satisfied with the investigation conducted. After passing of the impugned order dtd. 9/7/2024, the respondent No.2 filed a representation before the police authorities making request to conduct inquiry on his previous representation. A report was then prepared by Additional Deputy Commissioner of Police (Operation) Ludhiana. The relevant part of this report reads as under:-