Gurdev Singh vs Surjeet Singh Grewal

M.M.S. Bedi, J.—Petitioner through instant Contempt Petition seeks an action under Contempt of Court against the respondent on the ground that he had approached this Court earlier in CRM No. M-23803 of 2012 with a prayer for direction to the police authorities to provide protection to the petitioner at the hands of police personnel. Vide order dated 08.08.2012 the above-said Criminal Miscellaneous petition was disposed of with a direction to the SSP, Moga to look into the matter and take all necessary steps in accordance with law within a period of three weeks from the date of receipt of certified copy of the order. It is claimed by the petitioner that order passed by this Court has not been complied with. In the affidavit submitted by SSP, Moga, it has been submitted that though there has been delay in compliance of the order but the claim of the petitioner as per his legal notice has been thoroughly looked into on all the six issues raised by him which are as under:-

(1) Provide protection to the petitioner.

(2) To restrain the police of Police Station Moga from stopping the petitioner from entering in his own land.

(3) To take action against culprits for causing serious injury to one Sushil Kumar.

(4) To take action against police officials for illegally stopping him from entering his own land.

(5) To release four tractors from the Police Station City Moga.

(6) Appointment of Warrant Officer to get the tractors released.

An inquiry was got conducted by joining the petitioner. All the above-said six steps were looked into. The affidavit explains the facts and circumstances in which the pleas raised have been dealt with. The relevant parts of the affidavit are reproduced as under:-

Provide protection to the complainant: With regard to the inquiry into this issue, the SHO Police Station Dharam Kot within whose territorial jurisdiction the complainant Gurdev Singh lives was directed to get the threat assessment report taken qua Gurdev Singh and to submit his report. As per the report of the SHO Dharam Kot, Gurdev Singh has not been found to have any sort of threat. This fact also stood substantiated from the statement of the Chowkidar. The son of Gurdev Singh namely Sarabjit Singh vide his statement got recorded that as such they do not have any threat form anybody. However, they have purchased a plot in Moga City and Joginder Pal Jain wants to forcibly occupy this plot and creates hindrance for them in raising construction, therefore, they (want) police assistance as and when they would raise the construction so that nobody can inquire into their peaceful possession. From the threat assessment report submitted by SHO Police Station Dharamkot, the open and secret inquiry especially the statement of the son of Gurdev Singh namely Sarabjit Singh, it has come to light that the complainant Gurdev Singh does not have any threat form anybody and requires the police assistance in order to raise the construction and to ensure that nobody could create any hindrance in their raising construction. It is accordingly, recommended to pass appropriate orders in this regard.

Police belonging to Police Station Moga be restrained form stopping the petitioner from entering their own land.

From the open and secret inquiry carried out with regard to this issue, no fact with regard to stopping the petitioner Gurdev Singh in entering into his plot could come to light. Here it would be relevant to mention that on 26.07.2012, the petitioner Gurdev Singh alongwith 20-25 persons on the tractor trolly while carrying equipments to be used for construction, reached at the plot. The opposite party also reached there and started raising their claims over the plot. Both the parties had altercation and minor scuffle took place at the spot. Both the parties accordingly submitted the cross complaints against each other. Considering the gravity of the situation, the SHO City Moga informed the senior police authorities as well as revenue authorities and as a consequence thereof, the then SP Headquarter Moga, SDM Moga, Tehsildar Moga and SHO City-I Moga alongwith the police force reached at the spot and pacified both the parties. The complainant party was not stopped from entering into the plot. No force has been found into these allegations during the course of the inquiry.

Action be taken against the culprits for causing serious injury to one Sushil Kumar.

With regard to this point, the perusal of the record reveal that pursuant to receipt of the MLR No. 7712 of Sushil Kumar son of Joginder Mal Caste Mahajan r/o Friends Colony Moga, in the police station ASI Daljit Singh of Police Station City Moga was sent to Civil Hospital where he obtained the opinion of the doctor of the injured to make the statement. The doctor declared him fit and accordingly his statement was recorded. The MLR was taken into police possession. Since, as per the statement and the MLR, the injuries were simple in nature and the offence u/s 323/34 IPC have been found to be committed which was non-cognizable in nature and accordingly, DDR Entry No. 18 dated 26.07.2012 was recorded in the Daily Diary Register of Police Station. The complainant was advised to pursue his case in the Ld. Court. However, apprehending the breach of peace in the area, both the parties were proceeded u/s 107/151 Cr.P.C. and the Calender in this regard was presented before the Ld. SDM.

Action be taken against police officials for illegally stopping the petitioners from entering their own land.

From the inquiry carried out with regard to this very grievance of the complainant, no fact has come to light with regard to the stopping the complainant by any of the police official in entering the plot in question. As submitted above, the police officials/officers as well as the revenue officials reached at the spot and pacified both the parties. Since there was apprehension of breach of peace in the area, both the parties were proceeded u/s 107/151 Cr.P.C. Had the police officials/officers not been reached at the spot, some untoward incident would have occurred.

Four Tractors of the petitioner be ordered to be released from the Police Station City Moga and handed over to the petitioners.

None of the tractor trolly of the complainant Gurdev Singh was taken into police possession by the police, therefore, there is no question of releasing the same.

A Warrant Officer be appointed to get the four tractors belonging to the petitioners recovered from Police Station City Moga.

This was the prayer made before the Hon''ble High Court.

From the detailed and thorough inquiry carried out by the undersigned, the perusal of the record, the inquiry report of DSP City Moga dated 02.11.2012 and the statement of Sarabjit Singh, son of Gurdev Singh, the undersigned has reached to the conclusion that no further action is required to be taken by the police to the grievances raised by the complainant Gurdev Singh except that the directions be given to SHO City-I Moga and DSP City Moga to ensure peace in the area and further to ensure that no untoward incidence occurs in the area.

Grievance of the petitioner has already been looked into. In case the petitioner is not satisfied with the action of the SSP Moga, it will be open to the petitioner to avail the legal remedy available to him in accordance with law. In case the circumstances warrant invoking the jurisdiction of a Civil Court for any injunction, it will be open to the petitioner to protect his rights by making appropriate application before the authorities concerned. It goes without saying that irrespective of any direction from this Court it will always the duty of Police of Moga to ensure that there is no breach of peace either at the hands of the petitioner or from the rival parties. Disposed of.