IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1180 of 2010 Decided on : 14.07.2010 Sukhwinder Singh ... Petitioner versus State of Punjab & others ... Respondents CORAM : HON'BLE MR. JUSTICE SURYA KANT Present : Mr. Karan Bhardwaj, Advocate for the petitioner. Mr. K.D.S.Sidhu, DAG, Punjab. Mr. A.D.S.Sukhija, Advocate for respondents No.5 & 6. **** 1. To be referred to the reporters or not? 2. Whether the judgment should be reported in the Digest? *** SURYA KANT, J. (1) In the instant petition, the petitioner prays for issuance of a mandamus to direct respondents No.1 to 3 to recover the vehicle bearing Regn. No.HP 51-A 6426 owned by the petitioner, which was allegedly taken away forcibly by respondents No.4 to 7, and to decide the representation dated 10.11.2009 (Annexure P-3). (2) Having heard learned counsel for the parties for some time, it appears that the allegations levelled against respondents No.6 & 7 with regard to misappropriation of the sale proceeds of the Scorpio Mahindra Jeep in a clandestine manner, require thorough investigation. (3) Suffice it to observe that according to the petitioner, the 2007 Model Jeep was purchased for a sum of Rs.5,89,600/- with Rs.20,400 /- as the monthly installment of the vehicle loan. However, the vehicle is said to have been re-sold by the aforesaid respondents CWP No.1180 of 2010 -2- for a sum of Rs.3 lacs only allegedly to a close relative of respondent No.7. It is alleged that it was respondent No.7, who deposited Rs.3 lacs in 'cash' with the respondent – Finance Company against the vehicle loan account of the petitioner and got issued a 'No Objection Certificate' to re-sell the vehicle thereby cheating the petitioner as well as the finance company with whom respondent No.7 is employed. A false 'compromise' between the petitioner and the finance company has also been shown. It is urged that the vehicle which was ostensibly of higher value, was sold for a paltry amount of Rs.3 lacs only. (4) Without expressing any opinion on the merits of the allegations, I deem it appropriate to dispose of this writ petition with a direction to the SSP, Ludhiana to register a formal FIR at once without any delay and get the same investigated from a senior police officer, preferably, having expertise and knowledge of economic offences. The needful shall be done within a period of two months from the date of receipt of certified copy of this order. (5) Disposed of accordingly. (6) Dasti. July 14, 2010 (SURYA KANT) sonia JUDGE