SURJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) - Surjit Singh, Paul Singh and Gurcharan Singh, petitioners have filed the present petition under Section 482 Cr.P.C. read with the Article 226 of the Constitution of India, for issuance of necessary directions to respondents Nos. 1 to 3 to register a criminal case under Sections 302 IPC read with Section 120-B/34 IPC against the respondents Nos. 4, 5 and 6 on the allegations that respondents Nos. 4 to 6 had allegedly conspired with each other and in pursuance of that conspiracy or in furtherance of their common intention they had committed murder of Munshi Singh, who was the grand-father of the petitioners. The stand taken up by the respondents Nos. 1 to 3 is that at no point of time, none approached the police of Police Station Banoor, Tehsil Rajpura, District Patiala with an application Annexure P.1 for the registration of the case and in case the petitioners approach the police with such type of allegations, the action would be taken against the culprits according to law. However, the stand of respondents No. 4 to 6 is that the present petition is nothing but an abuse of the process of law as Munshi Singh died a natural death and the petitioners have adopted the pressurising tactics for filing the present petition as they want to grab the property of the deceased. Further it has been stated by Shri Narula, learned counsel appearing for respondents Nos. 4 to 6 that earlier also, the present petitioners in the year 1992 made some allegations that respondents Nos. 4 to 6 had illegally confined Munshi Singh deceased and this aspect of the case was duly investigated and enquired into by Shri Surinder Pal Singh, S.P. Vigilance, Punjab who gave his report on 2.1.1993 holding that wife of Jeet Singh expired leaving behind Mohinder Singh and Joginder Singh when they were small kids of the ages of 4-5 years respectively and that Munsha Singh deceased was staying with Jeet Singh since then. So much so said Munsha Singh is still staying with them of his own will and accord but the allegations of the petitioners regarding illegal confinement were found to be false and it was stated by Shri Surinder Pal Singh in the said report that in fact Mansha Singh is residing with Mohinder Singh and Joginder Singh of his own accord. The allegations were found to be false.

(2.) I do not want to comment at this stage whether the allegations of the petitioners are prima facie correct or that whether the defence taken by respondents Nos. 4 to 6 has the grain of truth. Whether Mansha Singh has died in mysterious circumstances or he died a natural death can only be investigated by the investigating agency. Keeping in view the fact that at one point of time allegations of the petitioners were found false it would be a hasty step on the part of the Court to directly order the registration of a case under Section 302 IPC because passing of such orders would always and necessarily create some embarrassament of the persons against whom such directions are passed. Nevertheless the anxiety of this Court is that the allegations of the petitioners must be enquired by responsible officers of the State.

(3.) WITH the above directions, the petition stands disposed of. <OP>Trainee1</OP>