MOHAN SINGH Vs. STATION HOUSE OFFICER, LALRU

JUDGEMENT

(1.) THIS petition by Mohan Singh is filed on the grievance that his brother Kulwant Singh had been kidnapped by respondent 3 to 12, has been kept in illegal custody in order to force him to execute certain documents in respect of the land belonging to the said Kulwant Singh. It may be mentioned that Kulwant Singh aged 50 years, has neither wife nor any issue. It is claimed by petitioner Mohan Singh that his son Amarjit Singh has been adopted by the said Kulwant Singh, and with a view to give him land, a suit was got filed by the said adopted son - Amarjit Singh with the object that a decree on admission in that case should be passed so as to pass property of Kulwant Singh to the said Amarjit Singh. It is further claimed that in that suit, by written statement filed and the said Kulwant Singh he has admitted the claim of Amarjit Singh. However, the decree on the basis of such admission had not been passed. Meanwhile, allegedly, on 23.11.1995, these respondents 3 to 12 kidnapped the said Kulwant Singh in order to force him to execute certain documents. It is the grievance of petitioner Mohan Singh that on the basis of certain documents which were allegedly got executed by Kulwant Singh in favour of respondents 4 and 5, suit was already filed. It is claimed that Kulwant Singh was now kidnapped with a view to get some more documents forcibly from him. It is now further submitted that on 19.12.1995, some documents were got executed from Kulwant Singh and were registered on 19.12.1995. Finally, it was submitted that petitioner Mohan Singh had made grievance to the Police Officer regarding the kidnapping of Kulwant Singh but no steps were taken. It is further alleged that on the other hand police asked them to compromise the matter.

(2.) ON behalf of respondents 3 to 12, it was submitted that the said Kulwant Singh is now said to be staying with one Prem Singh. It was submitted that the complaint filed by Mohan Singh in respect of kidnapping of Kulwant Singh has been investigated by the Deputy Superintendent of Police, Dera Bassi, and it transpired that Kulwant Singh was already admitted in Hospital at Raipur Rani in Haryana. It was further submitted that besides his statement before the police officer, the said Kulwant Singh had also stated before the Tehsildar that he was never kidnapped and that he had left the place at his own.

(3.) FROM the submissions made by both the sides, it clearly appears that these sides are at logger -heads on the issue of getting the land of Kulwant Singh who is without wife and issue. Regarding documents which is the subject matter in this case, already a civil litigation is in progress. The only small question would be regarding the allegation of so called illegal detention of Kulwant Singh. If Kulwant Singh had been illegally detained as per version of the petitioner, it was open to him to move Judicial Magistrate under Section 97 of the Code of Criminal Procedure and get the warrant of production in that case. He could have requested the Magistrate to order the execution of production of warrant by some officer higher than the respondent Nos. 1 and 2 (S.H.O./A.S.I.).