IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No.M-20437 of 2009 DATE OF DECISION : July 29, 2009 Nikka Singh and another ...Petitioners Vs. State of Punjab ...Respondent CORAM: HON’BLE MR.JUSTICE AUGUSTINE GEORGE MASIH Present : Mr.R.S.Bains, Advocate for the petitioners. AUGUSTINE GEORGE MASIH,J. Counsel for the petitioners contends that the petitioners have been involved in the F.I.R. only with the intention to harass them and to put pressure on them to not to agitate the issue of the landless labourers. He contends that no offence as has been alleged in the F.I.R. is made out. It is further contention of the counsel for the petitioners that proceedings under Sections 107/151 Cr.P.C. was initiated against 1384 persons and they were released after filing of Criminal Writ Petition No.636 of 2009. He further submits that an agreement was entered into between C.P.I (M.L.) Liberation Mazdoor Mukti Morcha with the Additional Deputy Commissioner Mansa, according to which, plots upto 5 marlas were to be given to the landless labourers and therefore the F.I.R. has been registered with the intention that the agreement should not be given effect to. I have heard counsel for the petitioner and have gone through the record of the case. Criminal Misc. No.M-20437 of 2009 -2- A perusal of the F.I.R. would clearly indicate that the petitioners are instigating landless labourers to take forcible possession over the land of villagers. They are asking the people to use deadly weapons in case there is any resistance from the Government officials or if they come to remove the encroachment. It has been further stated that illegal possession is being taken by the people of the panchayat land on the instigation of these petitioners along with the others. Slogans are being raised which would create animosity. In view of the fact that the petitioners are alleged to have been involved in the conspiracy to create unrest in the villagers and are encouraging people to illegally occupy the panchayat lands, the discretionary relief of anticipatory bail cannot be granted to them. Finding no merit in the present petitioner, the same stands dismissed. (AUGUSTINE GEORGE MASIH) July 29, 2009 Judge ps