DILBAG SINGH POONIA Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE petitioner Dilbagh Singh Poonia son of Dharam Singh Poonia, resident of Hanuman Nagar, Nai Sabzi Mandi Road, Jind, has filed this petition under Section 482 Cr.P.C., praying for issuance of a direction to respondent No. 2/SHO, Police Station City Jind to register FIR in respect of an occurrence described in the petition dated 14.6.1997 (copy Annexure P1), addressed to the Hon'ble Chief Justice of this Court and for investigation of the case and to take action against respondents No. 3 to 5, namely Sukhdarshan Singh, son of Fateh Singh, resident of Village Mihon, district Patiala; SI Sher Gir, Police Station Civil Lines, (PP Tripuri), Patiala and ASI Pritam Singh, Police Station Civil Lines, (PP Tripuri), Patiala. The incident is said to have taken place on 8.6.1997, which happened to be the birthday of the son of the petitioner. Respondents No. 3 to 5 came to the house of the petitioner in a Maruti car (registration No. HNX 8686), called the petitioner to apprise about registration of FIR No. 93 dated 7.6.1997 under Sections 406, 420 IPC and that they had come to arrest the petitioner in the said FIR case. The petitioner asked the aforesaid respondents to go and inform the local police of police station Jind, as they had not earlier informed and then to come to his house. Respondent No. 4, SI Sher Gir accompanied by Sukhdarshan Singh and ASI Pritam Singh left for police station City Jind and returned to the house of the petitioner after some time. ASI Laxman Singh and a Havaldar came alongwith respondents No. 3 to 5 and took the petitioner to police station Jind, where he was produced before SI Subhash Bishnoi, who asked the petitioner to accompany respondent No. 4, SI Sher Gir. The latter made an entry in the Roznamcha about the arrest of the petitioner. The petitioner was taken into custody by the SHO, Police station Civil Lines, PP Tripuri, Patiala in connection with the aforesaid FIR. He was, however, not produced before any Magistrate for a period of five days during which he was detained at the aforesaid police post. In the meantime, Mohinder Pal son of Daulat Ram, brother-in-law of the petitioner moved an application before the Chief Judicial Magistrate, Patiala, for production of the petitioner in the court. The police station Civil Lines sent a report to the court of the Chief Judicial Magistrate that the petitioner was not arrested by the police of police station Civil Lines, police post Tripuri, Patiala. It has been alleged by the petitioner that during the period of his illegal detention, he was forced by respondent No. 4/SI Sher Gir to execute three blank pronotes. First pronote was got executed in favour of Balkar Singh son of Gurnam Singh for a sum of Rs. 1,50,000/- dated 24.4.1997. The second pronote was got executed in favour of Sukhdarshan Singh of a sum of Rs. 1,10,000/- and the third pronote in favour of Hakam Singh son of Surjit Singh for a sum of Rs. 1,10,000/-. It is further alleged that no copy of the pronote was given to the petitioner and only a written chit in Punjabi was given to him. The petitioner did not know the persons in whose favour the aforesaid pronotes were got executed. During this period, it is alleged, a compromise-deed was also got prepared to the effect that on 30.6.1997 the petitioner would pay a sum of Rs. 2,20,000/- in cash and balance amount would be paid on 20.8.1997. This compromise deed was got signed from the petitioner and his brother-in- law, Mohinder Pal Singh. The petitioner was released from the illegal custody in the meantime as SI Sher Gir was transferred from the city police station and was succeeded by SI Hardip Singh. Thereafter the petitioner reached police station Jind and asked the SHO to register a complaint against respondents No. 3 to 5, but no action was taken. He made a complaint and sent the same through registered post to the DGP, Haryana, DGP, Punjab and Home Secretary, Punjab as also to the Hon'ble Chief Justice of this Court. Still, no action was taken in the matter. Hence the petitioner moved this petition under Section 482 Cr.P.C.

(2.) NOTICE was issued to the respondents. Separate reply by way of affidavit of Raghbir Singh, Inspector, SHO, Police Station City Jind, for and on behalf of respondents No. 1 and 2 was filed. A separate reply was filed by way of affidavit of respondent No. 3, Sukhdarshan Singh. Respondents No. 4 and 5, however, did not file any reply, though they were represented by Shri S.K. Jain, Advocate.

(3.) SI Sher Gir of Punjab Police alongwith other police officials had come to police station City Jind in connection with the investigation of case FIR No. 93 dated 7.6.1997, under Sections 406/420 IPC, police station Police Lines, Patiala. They wanted to arrest the petitioner in the said case. ASI Lachhman Singh and Constable Inder Singh of Police station City Jind were deputed with the police party aforesaid for arrest of the petitioner. A copy of the entry made in the Roznamcha to this effect is Annexure RI. The petitioner was not present at his residence and as such he could not be arrested. The relations of the petitioner were directed to produce him before the police in the said case. An entry was made in the Roznamcha to this effect, copy of which is Annexure R-II. The averments made in the petition to the contrary regarding arrest of the petitioner were categorically denied. The averments made in the petition in paras 3, 4, 5 and 6 were also denied for want of knowledge. The allegations made in para 7 of the petition were denied as being wrong and it was mentioned that no complaint, as alleged, was made and as such, question to register any case did not arise. In para 8 of the reply, it was contended that since no complaint was made to respondents No. 1 and 2, as such no question arose to take action against respondents No. 3 to 5.