Crl. Misc. No. M – 4160 of 2010(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Crl. Misc. No. M – 4160 of 2010(O&M) Date of decision:- 6.5.2010 Darshan Singh & Ors. ... Petitioners Versus Director General of Police, Punjab & Ors. ... Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present:- Mr. Bikramjit Arora, Advocate, for the petitioners. Mr. A.S.Brar, Sr. DAG, Punjab. Gurdev Singh, J (oral) Heard. This petition has been filed under Section 482 of the Code of Criminal Procedure by Darshan Singh and Gurpreet Singh – petitioners for issuance of a directions to respondents No. 1 to 3 to pass a speaking order on the application dated 5.2.2010 (Annexure P-3) and for directing respondents No. 2 and 3 and other police officials not to harass, humiliate, and torture them at the instance of respondent No.4 and for directing to respondents No. 2 and 3 to protect and safeguard their life and personal liberty and that of their family members at the hands of respondent no.4 with a further direction to respondents No. 1 to 3 to conduct an independent enquiry into the allegations in FIR No. 11 dated 20.1.2010 registered under Sections 326, 324, 323, 506, 148 and 149 IPC and Section 3(1)(10) of the Scheduled Caste and Scheduled Tribe Act, at Police Station Patti. According to the petitioners they and their family members are the Crl. Misc. No. M – 4160 of 2010(O&M) -2- supporters of the Congress Party and at the time of Election to the Legislative Assembly, they had complained against the Cabinet Minister of the Ruling Party in the year 2008. They had also opposed Bakshish Singh – Sarpanch – respondent No.4, who contested the election at the behest of said Cabinet Minister and that respondent at the behest of sitting Cabinet Minister is trying to harass and implicate the persons from other side by levelling false allegations. In order to achieve that motive the above said FIR was got registered against them containing false and frivolous allegations. Those allegations are highly improbable, uncertain and vague. Though they had been residing in the village since their birth yet their names were not disclosed in the FIR nor their identity was given. It cannot be said that respondent No.4 was not aware of their names and identity. The said respondent and his associates with the help of the police officials are pressurising their party to join the Ruling Party and failing that, to face the atrocities. Petitioner No.1 made a representation dated 5.2.2010 before respondents No. 1 to 3 and Chairman of Human Rights Commission, Punjab, Chandigarh for the protection of their life at the hands of respondent No.4 and not to implicate them in a false case. No speaking order has been passed by the authorities on that application/representation. Respondent No.4 and his unlawful associates are harassing and threatening to kill them. On notice of motion having been issued to the official respondents namely respondents No. 1 to 3, the reply was filed. It has been contended in that reply that such an application was filed by petitioner No.1 which is being inquired into. During the investigation of the FIR mentioned Crl. Misc. No. M – 4160 of 2010(O&M) -3- in the petition, Gurdev Singh and Pritam Singh were arrested on 3.2.2010. It was mentioned in the FIR that there were two unidentified accused also and they were identified as present petitioners by Gurwinderjit Singh, whose statement was recorded during the investigation. Police has been conducting raids for arresting accused, but they are absconding. Proceedings for declaring them proclaimed offender have already been initiated. It has been submitted by learned counsel for the petitioners that the petitioners have been falsely implicated by respondent No.4, who was the Sarpanch of that Village. It cannot be believed that he had no knowledge about the names of the persons who committed the alleged offences and even their identity was not given in the FIR. On account of their false implication, the petitioners are apprehending danger to their life and liberty. It is a matter which requires thorough probe by some higher police officer. No doubt, names of the petitioners were not given in the FIR got lodged by respondent No.4, but he categorically stated therein that the other accused were accompanied by two unknown persons. It was during the investigation that those two unknown persons were identified as the present petitioners. According to the official respondents all these petitioners are absconding. If it is a case then how it be possible to provide protection to them. In order to get rid of the proceedings, which are being taken against under the relevant provisions of law, the petitioners have come up with the present petition for providing protection for their life and liberty. This Crl. Misc. No. M – 4160 of 2010(O&M) -4- petition is frivolous and has been filed with malice. No such direction as prayed in the petition can be issued. The petition is dismissed accordingly. May 6, 2010 (Gurdev Singh) tripti Judge