Criminal Misc. No. M-11829 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-11829 of 2011 Date of Decision: 21.4.2011 Ajay Jain …Petitioner Versus State of Haryana and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. G.S. Gandhi, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. with a prayer that the Station House Officer, Police Station City, Gurgaon should register a case against the encroachers on the basis of request dated 2.1.2011 (Annexure P4) addressed by the petitioner to the Station House Officer, Police Station City, Gurgaon. It is further stated that the petitioner had also submitted another complaint dated 9.1.2011 (Annexure P6) to the Commissioner of Police, Gurgaon. The petitioner has further pleaded that the Commissioner of Police, Gurgaon, has also addressed a communication dated 27.1.2011 (Annexure P7) to the Station House Officer, Police Station City, Gurgaon, wherein it is stated that Suresh Kumar and Bimla Devi had misbehaved with the officer of the Municipal Corporation. On the file of this petition, order dated 15.10.2009 (Annexure Criminal Misc. No. M-11829 of 2011 2 P3) is available. A perusal thereof reveals that Ram Milan, husband of Bimla Devi, against whom the complaints have been filed, had filed a suit for permanent injunction and the injunction was not granted in his favour. During the course of arguments, learned counsel for the petitioner has submitted that the accused claim themselves to be tenant of the petitioner. It is essentially a civil dispute. Even though the persons against whom the registration of the case is sought had lodged FIRs against the petitioner. A perusal of complaint (Annexure P6) reveals that an apprehension has been expressed by the petitioner that the accused named in the application may commit illegal trespass. Preparation of the offence is not punishable under the Indian Penal Code. Mere apprehension that the alleged accused may commit trespass give no cause to the petitioner to seek any registration of the case. Learned counsel for the petitioner has referred to the photographs (Annexure P8) and stated that Bimla Devi has put the bamboos and is not delivering the possession of the property. If that is so, it all contains disputed questions of fact which can best be determined by the Civil Court. With the observations made above, no direction, as prayed for, can be issued. Hence, the petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge April 21, 2011 “DK”