IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21587 of 2011 (O&M) Date of decision : 20.7.2011 Anil Kumar ....Petitioner Versus State of Haryana and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Vivek Khatri, Advocate for the petitioner. ..... MAHESH GROVER, J. This is a petition under Section 482 Cr.P.C. in which a prayer has been made that direction be issued to respondents No.2 and 3 that investigation of the case FIR No.189 dated 18.5.2011 under Sections 148, 149, 323, 379, 452 and 506 IPC relating to Police Station Sadar Fatehabad may kindly be handed over to any independent agency like Crime Branch, C.I.D. or C.B.I. The facts of the case as detailed in the petition concededly reveal a civil dispute inter se between the parties regarding possession. The petitioner alleges that the private respondents are trying to grab the property of the petitioner and to take forcibly possession of the petrol pump. A civil suit has also been filed in which injunction has been granted in favour of the petitioner. In the backdrop of these allegations it is averred that some violent Crl.Misc.No.M-21587 of 2011 (O&M) -2- incident took place pertaining to which FIR No.189 was registered. He has now filed the instant petition with the aforesaid prayer. On due consideration of the matter, I am of the opinion that by invoking the provisions of Section 482 Cr.P.C. a clear abuse of the process has manifestly been made. The language of Section 482 Cr.P.C. is undoubtedly couched in words conferring the court with vast powers to act in the interest of justice but it is not intended to be used to thwart the process of law. The facts of the case demonstrate that the power under Section 482 Cr.P.C., if exercised is clearly going to interfere in the process of law itself. The petitioner has a clear remedy under the civil law to protect his possession and for which he has already taken recourse to but by magnifying his grievance he has asked that the FIR be registered in the instant case and it be got investigated by Crime Branch, C.I.D. or C.B.I. The offences alleged are under Sections 148, 149, 323, 379, 452 and 506 IPC I am afraid, there is no semblance of any proportion between the grievances perceived and the remedy sought. It is clearly an attempt to over awe the respondents who are already involved in a civil and criminal dispute with the petitioner. Section 482 Cr.P.C. cannot be used as a venture to abuse the authority of police in the garb of the orders and the directions issued by a court under Section 482 Cr.P.C. No ground to interfere. Dismissed. 20.7.2011 (MAHESH GROVER) JUDGE dss