IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Criminal Miscellaneous No. M-20853 of 2008 Date of Decision: November 28, 2008 Jatinder Singh .....PETITIONER(S) VERSUS State of Punjab & Others .....RESPONDENT(S) . . . CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: - Mr. B.S. Bajwa, Advocate, for the petitioner. Mr. Kamaldeep Singh Sidhu, Deputy Advocate General, Punjab. Mr. A.S. Manaise, Advocate, for respondent Nos.3 and 4. . . . AJAI LAMBA, J (Oral) This petition has been filed under Section 482 Cr.P.C. praying for directions to respondent Nos.1 and 2 not to harass/ humiliate the petitioner or his family members unnecessarily and illegally at the behest of respondent Nos.6 and 7. The case set up by the petitioner is that he agreed to sell land to respondent Nos.6 and 7 namely Har Dayal and Amarjit Singh, and received Rs.10 lac as earnest money. The petitioner all through was ready and willing to execute the sale deed as per the terms of agreement. The above named respondent Nos.6 and 7 however did not appear before the Sub Registrar. The petitioner contacted the said respondents, Crl. Misc. No. M-20853 of 2008 [2] however, they sought time to make payment of the remaining amount. Contention of learned counsel for the petitioner is that respondent Nos.6 and 7, so as to pressurize the petitioner to return the earnest money, are misusing the authority vested in respondent Nos.3 to 5. Respondent Nos.3 to 5 are Chajju Ram, Deputy Superintendent of Police (Headquarters), Amritsar; Gurmeet Singh, Deputy Superintendent of Police, CIA, Amritsar and Balbir Singh, Deputy Superintendent of Police, Sadar, Amritsar, respectively. Thus, the police machinery is being misused to settle a civil dispute. The authority vested by law in respondent Nos.3 to 5 is being abused for settling personal disputes which might essentially be of civil nature. Considering the above given facts, it was directed that the petitioner would not be summoned to police station till the next date of hearing in connection with the agreement to sell. The Senior Superintendent of Police, Amritsar was directed to file reply in the context of allegations made. On the adjourned date, it was pointed out that in total disregard to the authority of this Court and dehors the directions issued on 18.8.2008, not only FIR No.181 dated 9.9.2008 under Section 420 IPC, Police Station, Beas was registered but the petitioner was also kept in custody on 15.9.2008. It was only on the intervention of the counsel that the petitioner was released the next day. Considering this development, vide Order dated 18.9.2008, Deputy Superintendent of Police (Headquarters), Amritsar, Deputy Superintendent of Police, CIA, Amritsar and Deputy Superintendent of Police, Sadar, Amritsar were Crl. Misc. No. M-20853 of 2008 [3] directed to be present in Court. On 3.10.2008 i.e. the adjourned date, Inspector General of Police, Border Range, was required to file the affidavit in regard to the conduct of respondent Nos.3 to 5 i.e. three officers to whom reference has been made hereinabove. On 20.10.2008, learned counsel appearing for the respondent-State informed the Court that appropriate departmental action is being taken against the erring officers. It was further brought out that FIR No.181 dated 9.9.2008 under Section 420 IPC, Police Station, Beas was being cancelled. On 3.11.2008, the counsel informed the Court that cancellation report had been presented. Be that as it may, considering the abuse of process of law and abuse of the authority vested in the respondents, not only lodging of FIR without there being any occasion to do so but also keeping the petitioner in custody, the petitioner was required to be compensated by way of paying Rs.15,000/- by the erring officers. Today, it has been brought to the notice of the Court that compensation to the tune of Rs.15,000/- has been paid. I also find that the FIR has been cancelled and the erring officers are being proceeded against in departmental proceedings. Under the circumstances, no further orders need be passed. The petition is disposed of. (AJAI LAMBA) November 28, 2008 JUDGE avin