N.S. TIWANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) SH . N.S. Tiwana and his father Sarup Singh have filed the present writ petition under Article 226 of the Constitution of India read with section 482, Cr.P.C., in which they have sought multifarious directions : (i) that this court should order for the re-investigation of case FIR 235 dated 13.4.1997 registered at Police Station Civil Lines, Hisar. According to the petitioners, this case has been falsely registered against petitioner No. 1; (2) that CBI should also go into the aspect of the role played by the Hisar Police for shielding the culprits who on different occasions attacked, burnt the house and they even attempted to burn the jeep of the petitioners, the petitioners and their family members should be provided security by the C.R.P.F. being the members of the minority community in the Haryana State as the petitioners apprehend a genuine danger at the hands of anti-social elements with the active connivance of the Haryana Police; and (4) that the proceedings pending in the court of Shri A.K. Raghav, Addl. Sessions Judge, Hisar, pertaining to case FIR 235 dated 13.4.197 may be stayed till the inquiry by the CBI is conducted.

(2.) BEFORE I proceed further, it may be mentioned here that when this petition came up for hearing before Hon'ble K.K. Srivastava, J. on 9.9.1998, the learned counsel for the petitioners did not press the reliefs No. 1 and 4 and confined his reliefs on nos. 2 and 3 only.

(3.) THE stand which has been taken up by the Station (State ?) is that the petitioner No. 2 Sarup Singh lodged a written complaint against Rakesh Kumar and Tilak Raj on 21.5.1996 and DDR 34 dated 21.5.1996 was recorded. The allegations of the DDR were enquired into and, ultimately, it was found that Tilak Raj and others were innocent to which even the petitioners agreed and a compromise was effected between the parties. In this regard DDR No. 9 dated 22.5.1996 was recorded in Police Station City Hisar in the presence of SI Som Raj, the then acting SHO, Police Station City, Hisar and in the presence of 8/9 persons who also witnessed the said compromise. It has been further stated by the respondents that no cognizable offence was found to have been committed vide DDR No. 34 and, therefore, no FIR was registered on that score. Further, the stand of the State is that with regard to the second incident, the security proceedings were initiated and the matter is still pending before the Executive Magistrate.