SEWA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Sewa Singh petitioner by virtue of the present petition filed under Section 482 Cr. P.C. seeks a direction to the officer-in charge, Police Station. Jalandhar Cantt, for registration of a case against respondent No.2.

(2.) Respondent No.2 is the Principal of S.D. Model School. Jalandhar Cantt. Petitioners grievance is that attitude of respondent No.2 towards him was very discriminatory and harsh. Petitioner was always harassed in one way or the other. Respondent No.2 was not interested in the selection of the petitioner. On a number of occasions respondent No.2 tried to humiliate the petitioner. On 14-8-1995 respondent, No.2 threatened the petitioner and told him You chura-chamar do not know how to behave. You people of the lower caste must be suppressed; only then you will work properly. The petitioner approached the officer-in-charge. Police Station Jalandhar Cantt, immediately and again on 15-8-1995. He even left a written complaint but the First Information Report has not been recorded. On 22-8-1995 the petitioner reported for duty but respondent No.2 again abused him and asked him to go out of the school. One Kundan Lal was asked to throw the petitioner out. On 25-10-1995 the petitioner was picked up by close associates of respondent No. 2 from his house. They took the petitioner towards Hoshiarpur in the school bus. The bus was stopped at a lonely place. The signatures of the petitioner were obtained on a blank paper and thereafter the petitioner was thrown out of the bus. He was threatened that if he reported the matter to the police he will be done to death. Making a grievance that no First Information Report has been recorded, the present petition has been filed.

(3.) In the reply filed by the Deputy Superintendent of Police (Special Branch) on behalf of respondents 1 and 3, it has been contended that petitioner is estopped by his own conduct. He himself had filed an application dated 24-10-1995 wherein he stated that he had filed the complaint against respondent No.2 due to some misunderstanding and is withdrawing the same. It is not being disputed that an application was filed complaining against respondent No. 2 with the Social welfare Officer, Jalandhar. While the matter was being enquired, the petitioner appeared before the Enquiry Officer on 24-10-1995 and gave in writing that due to some misunderstanding he had filed the complaint against respondent No.2. He requested for withdrawal of the complaint. It is denied that any such occurrence of taking the petitioner from his house had taken place.