SUKHDARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Article 226 of the Constitution of India for issuance of a direction to the respondents for registration of a case and to investigate the same against respondents No. 4 to 7. Petitioner No. 1, it was alleged, has been active in politics for the last so many years and was a candidate of Akali Dal from Muktsar in the election to the State Assembly which were scheduled to be held in 1991 but were postponed. He was, however, elected as Sarpanch of village Mrar Kalan, Tehsil and District Muktsar and is also a member of the Zila Parishad, Faridkot. The said village falls in the constituency of the then Chief Minister H.S. Brar. The petitioner was put to lot of harassment when Shri H.S. Brar assumed the Chief Ministership of Punjab. He has alleged that on 18.10.1995 respondents No. 4 to 6 drove their tractor through the fields of the petitioners having sugar-cane crop in four acres and fodder in two acres. The crop valued at rupees more than one lac was destroyed by the running of the tractor in the fields. The petitioners approached the SHO of the concerned Police Station for registration of a case against the said respondents and also met the SSP who directed Deputy Superintendent of Police to listen to the petitioner and take necessary actions as per facts and law. The Police have failed to take any action and did not investigate the case. The SHO after a great deal of reluctance registered DDR No. 9 dated 19.10.1995, a copy of which has been filed as annexure P3 but no further action was taken.

(2.) NOTICE of motion was issued to the respondents who put in appearance. Respondents No. 1 and 2 filed their separate written statement. Respondents No. 4 to 6 filed separate written statement while respondents No. 3 and 7 also filed their written statement denying the averments made in the petition. It was alleged by respondents No. 1 and 2 that petitioner No. 1 got a written complaint addressed to the SHO of the concerned Police Station Mandi Bariwala and submitted the same to the SSP, Faridkot. No application was submitted to SSP Muktsar on 19.10.1995. It was categorically denied that the petitioners immediately rushed to the Police Station Bariwala and informed about the occurrence to respondent No. 4 who advised them to let the matter be discussed with respondent No. 7. It was submitted that petitioner No. 1 had filed a copy of application annexure P3 to MHC, Police Station Bariwala who produced the same and a report was recorded at Serial No. 9 at 1.40 p.m. in the DDR which disclosed an offence under Section 427 of Indian Penal Code which is a non-cognizable offence.

(3.) HEARD learned counsel for the petitioners and the respondents and perused the record of the case.