RAM JANKI VERMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS Criminal Writ Petition has been filed by Ram Janki Verma-petitioner against the State of Punjab and others under Articles 226, 227 of the Constitution of India read with Section 482 of Cr.P.C. whereby he has prayed for issuing a writ in the nature of Mandamus directing the respondents No. 1 and 2 to register a case against respondents Nos. 3 and 4 and for its investigation.

(2.) FACTS briefly stated by the petitioner in the petition are as follows : petitioner filed a suit for injunction against the respondents No. 3 and 4 restraining them from dispossessing him from the property bearing No. B-XXIII-5065 situated in Gali No. 4, Dharampura, Ludhiana otherwise than in the due course of law. Alongwith the plaint, he made an application under order 39 Rules 1 and 2 C.P.C. for the grant of temporary injunction. The Court directed the respondent Nos. 3 and 4 maintain status quo and also directed them not to disconnect his electricity and water connection. A local Commissioner was also appointed to visit the spot with a view to ascertaining the factual position. The local Commissioner visited the spot and gave report Annexure P-2 on 10.5.1995. The respondent Nos. 3 and 4 tried to dispossess him with the help of some anti-social elements. Timely intervention of the police, however, saved him from forcible dispossession. On 16.3.1997, the respondent Nos. 3 and 4 with the help of some anti-social elements interfered with his possession. On 16.3.1997, at about 11 a.m., his wife and his three daughters were present at home. Vidyawanti and Manoj Kumar alongwith the anti-social elements came to the spot and threatened his wife and daughters that in case the property was not vacated till 20.5.1997, the petitioner and his family would be liquidated. His wife reported the matter to the police vide letter/petition dated 17.3.1997. The respondents did not relent and continued giving threats to his family. They occupied the room adjacent to the rooms in his occupation. He reported the matter to the police again vide letter/petition dated 27.3.1997 Annexure P-4. On 28.3.1997, the respondent Nos. 3 and 4 alongwith the anti-social elements came to the petitioner's house and beat him mercilessly and locked the main entrance door. He filed an application under Order 39 Rule 2A C.P.C. in the Court of Civil Judge, Junior Division, Ludhiana, Annexure P-5. No action was taken by the police with regard to the incident that took place on 28.3.1997. On 8.4.1997, the goondas of the respondent No. 4 alongwith Manoj Kumar occupied one room out of the total of two rooms which was the tenancy premises in occupation of the petitioner. They also locked the second room and are not allowing him to enter the two rooms of which he is tenant. He approached the police station, Division No. 6, Ludhiana but he was not heard. He made representation Annexure P-6 to Sr. Superintendent of Police, Ludhiana but to no effect. On 13.4.1997, at about 10 a.m., the petitioner came to the house in dispute and tried to enter it but was prevented from entering the house by Manoj Kumar and the anti-social elements who were at his command. This matter was reported to the SHO Police Station, Division No. 6. No action, however, was taken in the matter. He sent letter/petition dated 15.4.1997 Annexure P-7 to the higher authorities for action against Manoj Kumar and Vidyawanti.

(3.) THE respondent Nos. 3 and 4 contested the writ petition urging that they never tried to dispossess the petitioner forcibly from the premises in question. The petitioner was not given beatings by them. They never locked the main entrance door of the house, in dispute. Police investigated the facts alleged in letters/petitions dated 17.3.1997 and 27.3.1997 which were found false. The respondent No. 3 was given three injuries by the petitioner on 28.3.1997 and four injuries were given to her relative Krishan Dayal on 3.4.1997 by the petitioner. Those incidents were reported in the police. DDR No. 34 dated 5.4.1997 was recorded in P.P. Dharampura, P.S. Division No. 6, Ludhiana. The petitioner was in arrears of rent for the last more than two and a half years period. The petitioner left the premises of his own. The respondent Nos. 1 and 2 also opposed this petition in reply in the form of affidavit of Sh. Kanwarjit Singh PPS, DSP, Industrial Area, Ludhiana. Opposing this writ petition, it was urged that the version of the petition is false. Application made by the petitioner were enquired into by H.C. Harbhajan Singh. These were found false. No action was taken on those applications.