In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-6919 of 2009 ..... Date of decision:25.3.2009 Pawan Kumar .....Petitioner v. State of Punjab and others .....Respondents .... Present: Mr. Anmol Rattan Sidhu, Senior Advocate with Mr. R.K. Chugh, Advocate for the petitioner. Mr. Sudhir Nehra, Additional Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. This petition under Section 482 of the Code of Criminal Procedure (`Cr.P.C.' - for short) has been filed seeking directions to SSP, Batala (respondent No.2) and SHO, Police Station Batala (respondent No.3) to ensure protection of the life and liberty of the petitioner as well as other trustees of Shri Achaleshwar Mandir Kar Sewa Trust (Regd.) from respondent No.4 and his supporters as they have been threatening the petitioner to rope him in false criminal cases and eliminate him as and when they get a chance and that respondent No.2 has failed to take any action on the representation (Annexure-P.1) made by the petitioner. The petitioner is a senior Chief Trustee of Shri Achaleshwar Mandir Kar Sewa Trust (Regd.), Batala (hereinafter referred to as `Trust’). The said Trust, it is stated, is a renowned institution and funds are collected Cr. Misc. No.M-6919/2009 [2] which are maintained in banks. Respondent No.4 is a MLA from Batala and also Chief Parliamentary Secretary. It is stated that he has an evil eye on the Trust and his intention is that his hoarding should be displayed on the main gate of the Mandir and he should be called as chief guest on every occasion, besides, whole management should act as per his wishes and under his control. It is submitted that in fact respondent No.4 is no one to interfere in the management and control of the Trust which has its own rules and regulations. The Trust has also made various developments and carried out improvements. On account of the interference of respondent No.4, the Trust filed a civil suit for permanent injunction restraining the defendants in the said suit including relations of respondent No.4 from interfering in the affairs of the Trust. Interim relief was sought against them from proclaiming undisputed right to perform pooja. The learned Additional Civil Judge (Senior division), Batala has passed an order dated 29.10.2008 restraining the defendants in the said suit from interfering in the affairs of the Trust, in any manner, and also restrained them from claiming themselves the owner of the property of the Mandir. It is submitted that though an order of injunction has been passed in favour of the petitioner-Trust yet on 7.2.2009 when the trustees and senior Chief Trustee were present in the office of the Trust at about 11.00 a.m. some persons as mentioned in para 6 of the petition at the instance of respondent No.4 criminally trespassed in the office of the Trust in which no body can enter without permission. They started beating the trustees and physically assaulted them and held out threats to their life, besides they took forcible possession of the administration of the Mandir. Even the Police administration, which is Cr. Misc. No.M-6919/2009 [3] acting at the instance of respondent No.4 though came at the spot but remained as a silent spectator. It is submitted that no respect has been shown to the order of the civil Court. Moreover, the persons who had come to the office of the trust on 7.2.2009, it is stated, are musclemen of respondent No.4, who are openly giving threats to the life and liberty of the persons attached with the Trust and respondent No.4 has also got the petitioner involved in two criminal cases i.e. FIR No.78 dated 23.5.2007 registered at Police Station City, Batala for the offence under Sections 406 IPC and FIR No.7 dated 9.2.2009 registered at Police Station Rangar Nangal, Tehsil Batala for the offences under Sections 324, 323, 506, 148, 149 and 326 IPC. The petitioner has been threatened that he would be involved in many other criminal cases and he would even be eliminated. The petitioner has submitted representation (Annexure-P1) to the SSP, Batala (respondent No.2), who, it is alleged, has failed to take any action on the same. Therefore, it is submitted that the life and liberty of the petitioner as well as other trustees of the Mandir is in danger from respondent No.4 and his musclemen. On 10.3.2009, a copy of the petition was given to the learned State counsel so as to enable him to seek instructions in the matter. Reply by way of short affidavit of Dilbag Singh, PPS, Deputy Superintendent of Police Rural, Batala has been filed. It is stated that case FIR No.7 dated 9.2.2009 is registered at Police Station Rangar Nangal for the offences under Sections 324, 323, 506, 148, 149 and 326 IPC. The FIR was registered on the statement of Raj Kumar son of Des Raj against the petitioner Pawan Kumar and others. The petitioner Pawan Kumar has been granted ad interim bail by this Court vide order dated 25.2.2009 and notice Cr. Misc. No.M-6919/2009 [4] of motion has been issued for 1.4.2009 in Criminal Misc.No.M-5239 of 2009. The petitioner though has joined the investigation, however, he has not so far surrendered the weapon of the offence i.e. his revolver. The other accused have surrendered their weapons of offence. The written complaint (Annexure-P.1) of the petitioner, it is submitted, was received in the office of SSP, Batala on 18.2.2009 and the same has been marked to SHO, Police Station Rangar Nangal for taking necessary action and report. It is submitted that the petitioner-complainant along with other accused mentioned in the complaint were summoned under Section 160 Cr.P.C. on 20.3.2009. The petitioner came to the Police Station on 20.3.2009 at 4.00 p.m. and made a statement (Annexure-R.1) to the effect that he does not want to say anything nor he wants to submit any document as he had filed a petition in this Court. It is stated that the petitioner has neither made his statement nor has he given any material regarding the threat to his life or that of the persons involved with the Trust. It is further stated that the petitioner would be ensured protection of life and liberty as well as of the other trustees of Shri Achaleshwar Mandir Kar Sewa Trust (Regd.). Therefore, it is prayed that the petition of the petitioner is false, vague, frivolous and baseless and the same deserves to be dismissed. It may be noticed that a civil suit for permanent injunction has already been filed by the petitioner and other trustees. An order of injunction has also been granted in favour of the petitioner on 29.10.2008. In case there is any breach of the injunction order, the petitioner has his remedies under the law for enforcing the order of injunction. The inherent jurisdiction of this Court under Section 482 Cr.P.C. cannot be resorted to short-circuit or circumvent the procedure that is to be followed for Cr. Misc. No.M-6919/2009 [5] enforcement of an order of injunction. The representation (Annexure-P.1), it is stated, is being inquired into by the SHO, Police Station Rangar Nangal, Tehsil Batala. The petitioner is liable to join and participate in the inquiry which is being conducted on the basis of his representation. The Deputy Superintendent of Police, who has filed his affidavit has categorically stated that the petitioner will be ensured protection of his life and liberty as well as that of the other trustees of Shri Achaleshwar Mandir Kar Sewa Trust (Regd.). There is no reason to hold as to why the said statement of the Deputy Superintendent of Police made on oath would not be adhered to. Shri Tejinder Singh, SI/SHO Police Station Rangar Nangal is present. He states that protection has already been provided to Shri Achaleshwar Mandir Kar Sewa Trust (Regd.) and the same would continue for some time till peace is restored. In the circumstances, the present petition is disposed of so as to enable the petitioner to join the inquiry that is being conducted on his representation (Annexure-P.1). Besides, in case the order of injunction has been breached the petitioner may avail his remedy under the law. March 25, 2009. (S.S. Saron) Judge *hsp*