Hira Singh vs S.S.P. Police District

Crl.M. No. 42660 of 2010 seeking exemption to file certified/typed copies of Annexures is allowed.

Crl.M. No. M-23958/2010

Prayer in this petition u/s 482 Cr.P.C., is for providing adequate security to the petitioner and his family members as he is allegedly apprehending threat at the hands of some private persons mentioned in his complaints dated 26.7.2010 and 2.8.2010 (P1 and P2 respectively).

As per averments made in the petition in the year 1991 petitioner was actively associated with Akali Dal(Badal) but later on he left the party and joined Congress. It is alleged that presently, he has no political affiliation but due to his leaving Akali Dal (Badal) political parties started harassing him and are out to eliminate his family. It is alleged by the petitioner that on 24.7.2010 at about 10 am, one Papu son of Bakshish Singh and Golu r/o Butter Kalan came to his house with an intention to kill him and his son, however, at that time none of them was present at home. It is further alleged that again on 25.7.2010 Golu alongwith some unknown persons came to his house and extended threats to teach him a lesson for joining Congress party. According to the petitioner the accused persons are related to MLA Captan Balbir Singh Bath and Tarlok Singh Bath,Chairman Zila Parishad, Gurdaspur. It is also the case of the petitioner that aforesaid persons in connivance with Chairman have taken illegal possession of his landed property as out of fear the petitioner had left his house. With these allegations, petitioner has made a prayer to provide protection to his family. It may also be mentioned here that prior to coming to this Court, petitioner moved complaints dated 26.7.2010 and 2.8.2010 Annexures P-1 and P-2 respectively to the police authorities.

On the last date of hearing Learned State Counsel was directed to ascertain the status of the aforesaid complaints.

At the time of hearing today, Mr. Gaurav Garg Dhuriwala,AAG Punjab, has filed reply by way of affidavit of respondent No. 2-SHO PS Ghuman, Police Distt. Batala on behalf of respondents.

In the said affidavit it has been stated by respondent No. 2 that on receipt of complaint dated 26.7.2010(P1) he visited the spot and made enquiries by joining nearby shopkeepers/independent witnesses. On enquiries, it was revealed by the nearby shopkeepers that nothing happened on 24/25.7.2010 as alleged by the petitioner. Thereafter, the accused persons were also contacted and they denied either having visited the house of the petitioner on the said dates or extending alleged threats. It is further stated in the reply that petitioner stands convicted in a murder case and some criminal cases are also pending against him and that he has cooked up this story to get armed licence/security guards. Accordingly,finding no truth in the allegations made by the petitioner in his complaint dated 26.7.2010 (P1) the same was filed. Thereafter, petitioner made similar complaint dated 2.8.2010 (P2) to SSP Batala, which was marked to the respondent No. 2 for enquiry. However, the petitioner refused to join the enquiry saying that inquiry be made at police station only and not at the village/his place of residence. Thereafter despite calling twice to the police station, petitioner failed to appear. Accordingly, after making fresh enquiry by joining independent witnesses/accused persons, the complaint was disposed of and enquiry report sent to the higher authorities for information and necessary action.

Alongwith the reply, respondent No. 2 has furnished lists of cases in which petitioner/his son Pritpal Singh are involved and they have either been convicted or facing trial.

In view of the above, in my opinion, no case for issuing any direction, as prayed for in the instant petition u/s 482 Cr.PC is made out.

Dismissed.