CWP No.4641 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.4641 of 2008 Date of Decision: 04 – 09- 2008 Inder Singh and another ....Petitioners v. State of Punjab and others ....Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Ms.D.S.Pheruman, Advocate for the petitioners. Mr.A.S.Jattana,Addl.A.G., Punjab for respondents No.1 to 4. Mr.Naveen Batra, Advocate for respondent No.5. *** KANWALJIT SINGH AHLUWALIA, J. Present petition has been filed by Inder Singh who claims himself to be Mukh Sewadar of Dargah Hajarat Peer Baba Ali Mohammed Sheikh, Amritsar and Paramjit Singh son of Baba Inder Singh. They have invoked the jurisdiction of this Court under Article 226 of the Constitution praying for issuance of a writ of mandamus calling upon Senior Superintendent of Police, Amritsar and Station House Officer, Police Station Sultanwind (Dobourji), Amritsar to register a case against the newly impleaded respondent Upkar Singh Sandhu and Devinder Singh Dhillon CWP No.4641 of 2008 [2] along with other un-identified persons who had allegedly assaulted the petitioners and ransacked their residential/religious place by tress passing into the same. Notice of motion was issued by this Court. During the course of arguments, reliance has also been placed on Annexure P-4, complaint submitted to Senior Superintendent of Police, Amritsar on 13.12.2007. Petitioner No.1 had earlier filed Civil Writ Petition No.54233 of 2007 in which a direction was issued to Senior Superintendent of Police, Amritsar to dispose off the representation Annexure P-4. Photographs have also been annexed to show that kacha boundary wall has been ran sacked. A perusal of Annexure P-16 reveals that petitioners have preferred Civil Misc. Appeal against the orders of the Civil Judge (Junior Division), Amritsar who has refused to grant ad-interim injunction in their favour. Deputy Superintendent of Police, Jandiala Guru Sub Division, District Amritsar has filed reply on behalf of Senior Superintendent of Police, Amritsar and Station House Officer, Police Station Sultanwind, Amritsar – respondents No.2 and 3. In the reply, it has been stated that enquiry was conducted by the Deputy Superintendent of Police and allegations were found to be false and there is no apprehension of danger to the life and liberty of the petitioners. It has been also stated that petitioners have encroached upon (occupied illegally) the land owned by Upkar Singh Sandhu. We have heard learned counsel for the parties. The dispute between the parties is pending before the Civil Court. Ad-interim injunction has been refused, against which appeal has been filed. The allegations levelled in the petition have been denied by the CWP No.4641 of 2008 [3] Deputy Superintendent of Police, who has filed reply on behalf of Senior Superintendent of Police and Station House Officer of the concerned police station. In the present petition allegations have also been levelled that respondents No.5 and 6 have committed offence under the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the reply, Deputy Superintendent of Police has submitted that there was no violation of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. Disputed questions of fact cannot be entertained in the present petition. Concerned Deputy Superintendent of Police is emphatic that there is no threat to the life and property of the petitioners. Petitioners have alternative remedy to invoke jurisdiction of the concerned Judicial Magistrate by filing a criminal complaint invoking Section 156(3) Cr.P.C. Under Section 36 Cr.P.C. petitioners can also approach the higher authorities. In view of the alternative efficacious remedy available to the petitioners, no direction as prayed for, can be issued by this Court. Hence, there is no merit in the present petition and the same is dismissed. ( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA ) JUDGE JUDGE September 04, 2008. RC