Criminal Misc. No. M- 20622 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M- 20622 of 2009 Date of decision:- 09.03.2011 Prem Kumar Singla ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Guninder S. Brar, AAG Punjab for the respondents. RITU BAHRI J.(Oral) This petition under Section 482 Cr.P.C. is for issuing directions to the respondents to protect the life and liberty of the petitioner apprehending continue threats from Chola Mandlam Investment and Finance Company, Samana, not to pursue the case bearing FIR No.50 dated 21.3.2008 under Sections 384,385,418,365,506,148 and 149 IPC, registered at Police Station Samana. It has been alleged in the petition that the petitioner got financed an Auto Rikshaw Mini Door from Chola Mandlam Investment and Finance Company, Samana. A sum of Rs.15,102/- was due to the company. On 30.6.2006, the agents of the company approached the petitioner's school and the due amount was paid. On 08.09.2007 7-8 persons from the Finance Company with arms entered into the school and forcibly took away the financed Auto Rikshaw bearing registration No.PB11X-0535. Similarly on 04.10.2007 Criminal Misc. No. M- 20622 of 2009 -2- another vehicle school bus bearing No. PB11S-1935 was also forcibly taken by the said Finance Company. The petitioner informed the police regarding the incident. Thereafter, an application was made to the Deputy Superintendent of Police for getting inquiry done. An FIR was lodged after 6 months. After registration of the FIR, the petitioner is receiving continues threats from the Finance Company. In this background, he has filed the present petition. Reply has been filed by the Deputy Superintendent of Police, Samana on 09.11.2009. It has been stated in the reply that complainant instituted a civil suit No.297/2007 in the Court of Additional Civil Judge (Senior Division), Samana against Chola mandlam Investment Company directing them to hand over the possession of vehicle No. PB-11-X-0535 Bajaj Minodoor and PB- 11-S-1935 TATA LP TC Bus. The suit of the plaintiff was decided vide order dated 10.12.2007, vide which the Court had directed the petitioner to deposit the amount of Rs.54,066/- being EMI amount and the remaining amount. The petitioner deposited Rs.54,066/- in the account of the Finance Company as per order and received Bus on 10.12.2007 through Manoj Chauhan, who was authorized by the petitioner. This fact was not brought to the knowledge of inquiry officer, who was inquiring the complaint of the petitioner. After the decision of Civil Court, the complainant Prem Kumar Singla made an application to the Finance Company to issue him 'No Objection Certificate' with regard to Auto Rikshaw bearing No. PB-11-X-0535 as he has sold the vehicle and was in the process of transferring the ownership. Without disclosing the above facts, the FIR was registered mentioning that the above mentioned vehicles had been taken away from the school premises by the muscle men of the Finance Company. After inquiry on the complaint, the FIR was cancelled and a cancellation report was prepared and is likely to be submitted in the Court. In view of the reply filed by the State, direction is given to submit Criminal Misc. No. M- 20622 of 2009 -3- the cancellation report in the Court within four weeks. No further orders are required to be passed in the above-mentioned petition. This criminal miscellaneous petition is disposed of. March 09, 2011 ( RITU BAHRI ) Vijay Asija JUDGE