SURINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner herein approached this Court by filing Criminal Writ Petition No. 1168 of 1995 against respondents 2 to 4 herein under Articles 226/227 of the Constitution of India for directing the S.S.P., Faridkot to register an F.I.R. against these respondents. This Court, after hearing the counsel for the petitioner and the A.A.G. Punjab, observed that in case the first-respondent in that petition had refused to register the F.I.R., the appropriate remedy for the petitioner would have been to approach the Superintendent of Police under Section 154(3) of the Criminal Procedure Code, which he had not done. Therefore, this Court dismissed the petition with the observation that the petitioner, if so advised, can approach the concerned Superintendent of Police for redressal of his grievance.

(2.) IN pursuance thereof, the petitioner addressed an application to the S.S.P., Moga (annexure P-2) dated 31.3.1996 requesting him to pass orders for lodging an F.I.R. In his complaint, the petitioner had extracted the allegations, a persual whereof shows that on 1.11.1995 at about 1 p.m., A.S.I. Shamsher Singh and A.S.I. Harsharan Singh (respondents 3 and 4 herein) of Police Station City Division No. 2, Moga along with four other Constables, entered the shop of the petitioner and forcibly took him at the point of a pistol to the Police Station City Division No. 2, Moga where Arjan Singh, S.H.O. (second respondent herein) was present. The petitioner has further alleged that he was slapped and abused in filthy language. The petitioner has also extracted the filthy language used against him in the said complaint.

(3.) REPLY has been filed on behalf of respondents Nos. 1 to 4 by means of the affidavit of Shri Hardip Singh, Superintendent of Police (D), Moga, among other things stating that the complaint was marked to the D.S.P. (HQ)-Ranjit Singh, who after enquiry, gave his opinion that there is no force and truth in the complaint and the same was accordingly filed.