IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-28399 of 2011 (O&M) Date of decision : 16.9.2011 Gurmail Singh and another ....Petitioners Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Vikas Mor, Advocate for the petitioners. ..... MAHESH GROVER, J. Learned counsel for the petitioners has persistently made a request since yesterday that the case is urgent and should be taken up. Accordingly, the case is taken up on board. Registry is directed to number the petition. I have perused the petition and the averments made therein. In this petition under Section 482 of the Code of Criminal Procedure the petitioners pray for issuance of a direction to respondent No.2 for grant of adequate protection to their life which is alleged to be in danger at he hands of respondent No.3 who is an Inspector and wishes to implicate the petitioners in a false case. It is alleged that petitioner No.1 is an agriculturist and petitioner No.2 is a teacher by profession. Their relation Mehal Singh Crl.Misc.No.M-28399 of 2011 (O&M) -2- is contesting the election of Sikh Gurudwara Prabandhak Committee (in short 'SGPC'). Respondent No.3, who is supported by one political party and is acting at their behest, and respondent No.4, who happens to be the executive member of the SGPC, are supporting the other candidates. They are threatening to implicate the petitioners in a false case. To enhance their case reference has been made to the incident of the year 2010 when petitioner No.2 filed a criminal writ petition and got appointed a Warrant Officer to search the premises of the police station where respondent No.3 was posted. A complaint was also preferred to the Human Rights Commission, Punjab in this regard. Subsequently, in the same year a complaint was filed before the Court for registration of an FIR against respondent No.3. It is with this backdrop that a case is sought to be built up that the petitioners are apprehending danger at the hands of respondent No.3. To further strengthen this allegation it is stated that on 8.9.2011 at about 11.00 p.m. when petitioner No.1 and said Mehal Singh were campaigning for their candidate, respondent No.3 came along with some other police officials and arrested Mehal Singh. He was shown to be arrested from Zira because respondent No.3 wanted to take revenge and moreover under the pressure of the ruling party he wanted to defeat the purpose of election. The brother of petitioner No.1 was arrested so as to deliberately keep him away from the election process. The petitioners made a representation dated 11.9.2011 to respondent No.2 highlighting their grievance but no action has been taken. I have considered the averments that have been made in Crl.Misc.No.M-28399 of 2011 (O&M) -3- the petition and am of the opinion that the allegations are borne out from some political rivalry which is evident on the face of it. The petitioners claim themselves to be belonging to a family which is involved in the recent elections and at this stage in the proceedings under Section 482 of the Code this Court is not competent to look into such allegations which are evidently emanating from a bit of friction which is a part of the democratic electoral process. That apart, at this stage no such direction can be issued to thwart the registration of a criminal case against the petitioners for the simple reason that the Court has no means to verify as to whether such animosity exists or not and also for the reason that if hypothetically speaking a case is registered against the petitioners at the behest of respondent No.3, the veracity of the allegations and malice on behalf of such registration of a case can always be tested at the appropriate time but in no circumstances the Court can issue directions which are preemptory in nature. No ground to interfere. Dismissed. 16.9.2011 (MAHESH GROVER) JUDGE dss