Criminal Misc.-M No. 25196 of 2011 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc.-M No. 25196 of 2011 (O&M) Date of Decision: 30.08.2011 Surjit Singh and others ...Petitioners Versus State of Punjab ..Respondent CORAM: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S.P.S. Sidhu, Advocate for the petitioners. Mr. Jasdev Singh Brar, Assistant Advocate General, Punjab. ..... RAJESH BINDAL, J. Learned counsel for the petitioners submitted that the allega- tions in the FIR regarding the petitioners’ using the words as alleged against the complainant are totally false. The complainant had worked on the fields of the petitioners for plantation of paddy. Part payment was made. The com- plainant left certain patches in the fields. The complainant was asked to complete the job. He having refused, the petitioners were to get the job com- pleted from other persons but the complainant did not permit the same and started fighting. At the time of incident, even Sardara Singh, Member Pan- chayat was also present. The mobile phone, which has allegedly been taken by the petitioners, is in fact in possession of Sardara Singh as the same had fallen down at the time of alleged incident. There are no allegations in the FIR that the petitioners knew that the complainant belongs to Scheduled Caste. Criminal Misc.-M No. 25196 of 2011 2 Learned counsel for the State submitted that as per the allega- tions in the FIR, cash of ` 300/- and mobile phone is to be recovered from the petitioners. After hearing learned counsel for the parties and considering the contentions raised by the learned counsel for the petitioners, they are not required to be taken in custody for interrogation. They shall appear before the Investigating Officer on 08.09.2011 at 10.00 a.m. to join investigation and in case of arrest, they shall be released on furnishing of bail bonds to the satisfaction of the Investigating Officer. They shall appear before the In- vestigating Officer as and when called upon for further investigation. They shall also be bound by all the conditions as contained in Section 438 (2) Cr.P.C. The mobile phone is stated to be in possession of Sardara Singh, Member Panchayat, from whom the same can be recovered. The petition stands disposed of. (RAJESH BINDAL) JUDGE 30.08.2011 sharmila