SARWAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -Sarwan Ram has approached this Court under Section 482 of the Code of Criminal Procedure read with Article 226 of the Constitution of India, for directing the official respondents 1 to 4 i.e. (1) State of Punjab, (2) Senior Superintendent of Police, Hoshiarpur, (3) The Station House Officer, Mahilpur, and (4) Station House Officer, Police Station Sadar, Hoshiarpur to register the FIR against the private-respondents 5 to 9 for having committed the offence of kidnapping/abducting Bhajan Pal, Manjit and their children Jyoti, Seema and Sunil.

(2.) THE case of the petitioner is that his son Bhajan Pal along with his family was living in the house of his uncle Dharpat Rai in Islamabad (Police Station Sadar, Hoshiarpur). The petitioner claims that on 4.1.1996, respondents No. 5 to 9 forged a sale deed in the name of Dhanpat Rai and on the same date kidnapped/abducted Bhajan Pal, his wife and their children Jyoti, Seema and Sunil. According to the petitioner, after coming to know about this kidnapping/abducting, he reported the matter to Station House Officer, Police Station, Mahilpur, on 6.1.1996 but the Station House Officer, Police Station Mahilpur did not register the FIR. The petitioner claims that he, therefore, approached the Deputy Superintendent of Police on 10.1.1996, who assured to take action. According to the petitioner, he approached the Senior Superintendent of Police, Hoshiarpur, on 28.1.1996 but without any result. The petitioner also claims that he approached the Deputy Inspector General of Police, Jalandhar. The copy of the complaint filed is annexure P- 1, wherein the remarks of the DIG of Police are found directing the Senior Superintendent of Police, Hoshiarpur, to take action. The petitioner contends that the non-registration of the FIR is illegal and violative of the provisions of the Code of Criminal Procedure.

(3.) THE respondents No. 1 and 2 filed a reply stating that Laxmi Devi, the sister of the petitioner submitted an application to the Senior Superintendent of Police, Hoshiarpur, on 30.1.1996, a copy of which was also received through Deputy Inspector General, Jalandhar, to examine and register a case. These respondents have also stated that on 30.1.1996, the petitioner also submitted an application regarding the kidnapping/abduction of Bhajan Pal and others, received through the Deputy Inspector General, Jalandhar. According to these respondents FIR No. 40 dated 17.2.1996, under Sections 420, 467, 468, 471, 364, 447, 148, 149 and 120-B of the Indian Penal Code, was registered at Police Station Sadar, Hoshiarpur, against respondents No. 5 to 9 and against the son of the petitioner, upon both these applications. According to the respondents the investigation in this case is being conducted by Police Station, Sadar, Hoshiarpur under the supervision of the Deputy Superintendent of Police, Hoshiarpur. These respondents have alleged in this reply, that the allegations of the petitioner regarding abduction of Bhajan Pal and his family members is also being investigated in the same FIR. According to these respondents, no such incident was reported by the petitioner to the Station House Officer, Police Station Mahilpur.