JAGAT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) HEARD learned Advocate for the petitioner and learned Advocates for the respondents.

(2.) THE question to be decided is whether respondents No. 2 and 3 be directed to register F.I.R. against respondents 4 to 43 or not. The complaint given in this case by the petitioner is at Annexure P -3. The learned Advocate for the private respondents has shown tome Annexure R -1 and R -2, which are the copies of the orders of the civil Court. By Annexure R -1, injunction has been granted in favour of the respondents and by Annexure R -2, an order for status -quo has been made.

(3.) THE learned Advocate for the private respondents has cited before me the case of Mohan Singh v. Station House Officer, Lalru and others, 1996(2) A.I.J. 110. It has been held by the learned single Judge of this Court that when the petitioner had alleged kidnapping of his brother and civil litigation is pending between the parties, the petitioner can move Judicial Magistrate under Section 97 Cr. P.C. (hereinafter referred to as the Code) and the Magistrate could undertake enquiry under Section 202 of the Code and no directions for registration of case can be issued.