CHARANJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition filed under Section 482 Cr.P.C. praying for issuance of a direction to respondents 1 to 3 i.e. State of Punjab, Deputy Superintendent of Police (D), Addl. D.S.P., Garshankar and S. Didar Singh, Inspector, Police Station Garshankar, to register a criminal case on the basis of a complaint dated 27.6.997 and to investigate the same in accordance with law and proceed against the accused respondents 4 to 9, namely, Balbir Singh, Parshotam Singh, Rajinder Singh, Teja Singh, Ranjodh Singh, Tarsem Singh, all residents of village Fatehpur Khurd, Tehsil Garshankar, District Hoshiarpur.

(2.) THE petitioner, Charanjit Singh lodged a complaint dated 27.6.1997, copy Annexure P4, addressed to respondent No. 2, Deputy Superintendent of Police, Garshankar alleging that the accused aforesaid threatened him on 25.6.1997 that they will forcibly take possession of the land comprising of 3 kilas which had been in possession of the sons of Sardar Gurbax Singh, retired Deputy Superintendent of Police and Sarpanch of Village Fatehpur Khurd, namely, Ranjit Singh and Amarjeet Singh. The aforesaid sons of S. Gurbax Singh were presently residing in Canada and on their behalf the present petitioner, Charanjit Singh S/o Shri Balwant Singh was looking after the land as general power of attorney holder from Ranjit Singh and Amarjeet Singh. A civil suit was also filed by Ranjit Singh and Amarjeet Singh aforesaid through their general power of attorney holder, the petitioner, Charanjit Singh against Teja Singh, Ajit Singh, Chanan Singh, Parshotam Singh and Balbir Singh in the Court of Additional Civil Judge (Sr. Division), Garshankar, copy of plaint Annexure P1, on 26.6.1997 praying a decree for permanent injunction restraining the defendants from interfering in the lawful and peaceful possession of the plaintiffs in the land measuring 45 kilas, 13 marlas bearing Khata Nos. 5//25/2, 10//5, 10//5, 4//20/2, 21, 22, 23, 11//1/1, 2/2, 8/1, 2/3, 22//3/3 and 3/1 situated in village Fatehpur Khurd aforesaid. The Additional Civil Judge (Sr. Division) Garshankar passed ad-interim injunction on the application of the plaintiff-petitioner moved under Order 39 Rules 1 and 2 C.P.C. vide order dated 26.6.1997, copy Annexure P2, and notice in this regard was issued to the defendants aforesaid vide, copy annexure P3. The report of the process server is also appended at internal page 2 of Annexure P3 showing that the defendants had refused to receive the summons and copy of the notices and the same have been affixed on their place of residence. Two of the defendants Parshotam Singh and Balbir Singh were, however, not found present at their given address. Later on Balbir Singh also refused to accept notice on 26.7.1997. It has been contended that the accused aforesaid were in the process of destroying the standing crop in the land in dispute when they were refrained from doing so by the police officials. The petitioner suffered damages to the tune of Rs. 40,000/-. No action was, however, taken on the report of the petitioner by the police. Hence, this petition has been filed.

(3.) I have heard learned counsel for the petitioner and the learned State counsel representing respondents 1 to 3 and the learned counsel for the private respondents 4 to 9.