BALJIT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition under Section 482 of the Code of Criminal Procedure is for issuance of directions to respondent Nos. 2 and 3 to proceed in accordance with law against respondent no. 4 and further direct respondent No. 3 to get recovered the tubewell boring machine, equipment and tools of tubewell boring machine of the petitioner.

(2.) As per petitioner, Baljit Singh, he and his brother, Chand Ram are owners of M/s Shiv Shakti Submersible Boring and Engineer (for short, "the firm") and the firm is doing the business of installation/repairing of bore/tubewell. In the second week of January, 2019, respondent No. 4 approached the petitioner for installation of submersible handpump at his business place situated at Assand Road, Rajound, District Karnal. Petitioner and respondent No. 4 entered into an agreement to install the submersible pump/tubewell for Rs.3000/- per day as labour. Petitioner along with five labourers done the job for 25 days. On 5.3.2019, the petitioner asked for settled amount, but respondent no. 4 told him that the amount would be paid in 2 3 days. On the next day, the petitioner alongwith labourers had gone to the site of respondent No. 4 to lift the equipments and tools of his Boring Machine, but respondent No. 4 did not permit them to lift the equipment and tools of boring machine and the details of equipment of boring machine are as under:- <FRM>JUDGEMENT_169_LAWS(P&H)7_2019_1.html</FRM>

(3.) However, respondent No.4 did not return the articles, rather threatened to kill the petitioner. The petitioner filed a complaint at Police Station Rajound on 7.3.2019, but respondent no. 3 did not take any action. Then, on 11.3.2019, the petitioner submitted a complaint to Superintendent of Police, Kaithal and also visited personally on many times, but to no effect. As per the petitioner, offence committed by respondent no. 4 is cognizable and the police was bound to register a case, but that has not been done. The petitioner has also placed on file photographs of site showing factual position of the work, boring machine and other equipment and as such, the present petition before the Court.