SANTA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CRL . Misc. No. 8238 of 1997 is allowed. The sole prayer made by the petitioner in the present petition is for a direction to register First Information Report against respondents No. 5 to 9.

(2.) SHORN of unnecessary details, suffice to say that petitioners' claim is that an offence punishable under sections 323/324/354/427/452/506/148/149 IPC had been committed by respondents 5 to 9 and that despite their complaint, copy of which is Annexure P-3, First Information Report has not even been recorded. Needless to say that respondents 5 to 9 controvert the assertions and claim that it is a counter-blast. It is also contended that respondent No. 7 at the relevant time, on the fateful day i.e. 28.11.1996 was on duty. He further states that against the petitioners, FIR of the same date had been registered and their application seeking anticipatory bail had been dismissed firstly by the Court of Sessions and subsequently in this Court. According to him, the assertions made are patently false and incorrect.

(3.) KEEPING in view the said decision, further discussion becomes unnecessary and accordingly it is directed that First Information Report on basis of complaint, Exh. P/3 be recorded. The Court would hasten to add that nothing said herein shall be taken as an expression of opinion about the correctness of assertions and it would be indeed for the police to investigate and arrive at a correct conclusion.