In the High Court of Punjab and Haryana at Chandigarh ...... Criminal Misc. No.M-13399 of 2010 ..... Date of decision:26.5.2010 Jagdish Singh .....Petitioner v. State of Punjab and others .....Respondents .... Present: Mr. H.S. Rakhra, Advocate for the petitioner. Mr. Shilesh Gupta, Deputy Advocate General, Punjab for the respondent-State. ..... S.S. Saron, J. Heard learned counsel for the parties. This petition has been filed under Section 482 of the Code of Criminal Procedure (`Cr.P.C.’ – for short) for issuance of appropriate directions to the official respondents for protecting the life and liberty of the petitioner and his family members from private respondents who are inimical towards the petitioner. A further prayer has been made for issuance of appropriate directions to the official respondents that in case the petitioner and his family members are required for any purpose of investigation or inquiry then a prior notice of at least seven days may be issued so that they may be able to approach the appropriate Court for necessary relief. It is submitted that the petitioner is residing with his son Amarbir Singh at Village Gumti and his family members at his farm house. He has got good reputation in the village. The petitioner has been supporting the Congress party, therefore, the petitioner and his sons are Cr. Misc. No.M-13399 of 2010 [2] looked upon as political enemies by their Akali counterparts. On the night of 12.4.2010, it is submitted that the house of the petitioner was attacked by the private respondents. During the attack, servant of the petitioner was injured and in defence the son of the petitioner also opened fire from within his house with his licensed weapon. It was only then that the above said persons fled away and the petitioner and his family members were saved from much damage, which would have been caused because the private respondents were heavily armed. The Police registered cases against both sides. The petitioner is a retired Sectional Officer from the Irrigation Department, Punjab and is 72 years of age and he is approaching this Court for protection of his life and liberty as both sons of the petitioners are potential targets of opponents and private respondents had made an attempt on their lives which was foiled. It is also submitted that in the farm house of the petitioner there are about 10 to 12 dogs, 2 horses, 7 to 10 cattle heads and poultry. The life style of the sons of the petitioner has become an eyesore in the eyes of the opponents and so an attempt was made to cause harm to the happy family of the petitioner. The other son of the petitioner, namely, Kamalbir Singh, it is stated, is resident of Rampura and is the owner of Roop Kamal Transport. He is residing separately with his wife, who is posted as a Government Teacher in Government Senior Secondary School for boys at Mandi Phul. The petitioner has also given a representation (Annexure-P.1) to the Inspector General of Police, Ferozepur Range, Headquarters at Bathinda. On these averments, the petition has been filed seeking protection of life and liberty. A copy of the petition was given to the learned State counsel on 7.5.2010 so as to enable him to seek instructions in the matter. Reply by Cr. Misc. No.M-13399 of 2010 [3] way of affidavit of Shri Bikramjit Singh, PPS, Deputy Superintendent of Police, Sub Division, Rampura Phul, District Bathinda has been filed on behalf of respondents No.1 to 4. It is stated that FIR No.15 dated 13.4.2010 has been registered at Police Station Phul for the offence under Sections 302, 307 and 34 Indian Penal Code and Section 27 of the Arms Act on the statement of Jatinder Pal Singh son of Gurmit Singh resident of Village Dialpura Bhai Ka, District Bathinda. One of the injured in the incident, namely, Gurwinder Singh died on 14.4.2010 due to this occurrence. In the said FIR, a cross-version on the statement of injured Ajay Pal Singh, who is alleged to be servant of Amarbir Singh son of the petitioner, has also been registered against the private respondents and one Bhinder Singh. Investigation of the aforesaid cross-case is in progress. It is stated that the petitioner has given a representation (Annexure-P.1) to respondent No.2 which does not disclose any reasonable apprehension of danger to his life and liberty as no date, time and place regarding any untoward incident caused by respondents No.4 to 7 has been mentioned by him after the alleged occurrence dated 12.4.2010. It has been mentioned by the petitioner that his house was attacked on 12.4.2010 by private respondents and during the attack his servant has been injured and that in defence his son had fired. In respect of the said incident the cross-case has been registered and investigation is in progress. It is stated that Amarbir Singh son of the petitioner is involved in the aforesaid murder case. During investigation, however, his other son Kamalbir Singh has been found innocent by the Police. As per the statement of Jatinder Pal Singh-complainant, Harbans Singh called him to his house on telephone being his friend and he along Cr. Misc. No.M-13399 of 2010 [4] with Harbans Singh (respondent No.5) and Raja Singh (respondent No.6) had gone to the house of one Bhinder Singh, resident of Village Gumti Kalan and Kala Singh (respondent No.7) and Gurwinder Singh (deceased) son of Angrez Singh resident of Phul were already present there. Kamalbir Singh son of the petitioner started interfering in their conversation and when Harbans Singh (respondent No.5) stopped him, then Kamalbir Singh went to his house and asked his brother Amarbir Singh by raising a `Lalkara' that he had been insulted. Amarbir Singh brought a .12 bore gun and fired shots towards them with an intention to kill them. The shot hit on the person of complainant Jatinder Pal Singh as also Kala Singh (respondent No.7) and Gurwinder Singh (since deceased). On the basis of the statement of Jatinder Pal Singh case was registered for the offences under Sections 307 and 34 IPC and Section 27 of the Arms Act. Later injured Gurwinder Singh died on 14.4.2010 and the offence under Section 302 IPC was added. The petitioner while filing the petition had underplayed the incident of 12.4.2010 and has not mentioned that his son was involved in the murder of Gurwinder Singh. It may be noticed that the incident occurred on 12.4.2010 and Gurwinder died on 14.4.2010. The present petition has been prepared on 20.4.2010 and the affidavit is also deposed on the said date. It was filed in Court on 16.5.2010. Therefore, the petitioner had sufficient time to mention the full particulars regarding the incident of 12.4.2010. However, he has only mentioned that in the incident that occurred at his house on 12.4.2010, servant of the petitioner was injured and in defence his son had also opened fire with his licensed weapon. Besides, it is mentioned that the Police has registered cases against both the sides. However, the fact that Gurwinder Singh had died on account of the firing by Cr. Misc. No.M-13399 of 2010 [5] the son of the petitioner, namely, Amarbir Singh has not been mentioned. A political colour is sought to be added that he belongs to the Congress party and that he and his sons are looked upon as political enemies by their Akali counterparts. Besides, the life style of the petitioner has been mentioned as an eyesore in the village. The fact that his son is involved in the murder and is the main accused is not mentioned. Therefore, the petition has been filed by suppressing material facts. The investigation in the case is in progress and this Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C. is normally not to interfere in the investigation process which is being carried out. Nothing has been shown that the Police authorities are not carrying out fair and proper investigation. In fact, one of the sons of the petitioner, namely, Kamalbir Singh has been found innocent during the investigation that has been carried out. As such, no directions are warranted by this Court in exercise of its inherent jurisdiction under Section 482 Cr.P.C. The present petition is accordingly dismissed with costs of Rs.5,000/- which shall be deposited by the petitioner with the Punjab State Legal Services Authority within a week from receipt of copy of the order. May 26, 2010. (S.S. Saron) Judge *hsp*