PARMOD KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PARMOD Kumar petitioner in this petition under Section 482 Cr.P.C. is seeking directions of this Court for respondents Nos. 2 and 3 for the registration of the case under Sections 220, 330, 348 and 120-B, Indian Penal Code, against respondents Nos. 4 to 8. It has further been prayed that the investigation of this case should be handed over to some independent agency.

(2.) THERE are serious allegations against Shri Sandeep Gilhotra, respondent No. 8, and it is stated that he is a well connected, rich and influential person. His wife is real sister of Shri Chander Shekhar, I.P.S., Deputy Inspector General of Police, Patiala Range, Patiala (respondent No. 4), and with his aid and assistance respondents Nos. 5 to 7 are abusing the position by adopting illegal methods against the petitioner. So much so, it has also been alleged by the petitioner that he was arrested by the Police at the instance of respondent No. 4 Shri Chander Shekhar. A perusal of the writ petition also indicates that there is some property dispute between the petitioner and respondent No. 8. It may also be possible that in order to put pressure on respondent No. 8, the petitioner might have chosen the present forum for seeking directions. I do not want to embarrass the liberty of any person by straightaway ordering the registration of the case because this Court feels that the registration of the case can cause huge harassment to the officers. At the same time if the allegations of the petitioner are prima facie correct, then nobody is above law. It is none of the business of any person, howsoever high he may be and in whichever department he may be posted, he cannot take law in his own hands. One has to curtail himself within fourcorners of his own powers in order to serve the humanity and the country. Before this Court can pass any directions, as prayed for by the petitioner, I think that the allegations of the present writ petition should be referred to the learned Chief Judicial Magistrate, Gurdaspur, who shall hold a fact finding inquiry whether the allegations contained in this petition bear any grain of truth or not.