Crl. Misc. No. M-36162 of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-36162 of 2009 Date of decision : 01.04.2011 Amarjeet Singh .....Petitioner versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: None for the petitioner. Sh. Munish Kumar, A.A.G., Punjab for respondent No. 1 -State Mr. K.D.S. Sandhu, Advocate for respondent No. 2 **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C for direction the official respondent Nos. 2 and 3 to thoroughly investigate the matter and register F.I.R against respondent Nos. 4 and 5, on the basis of complaint submitted by the petitioner dated 27.11.2009 (Annexure P2) submitted to respondent Nos. 2 and 3 and also to ensure safety to the life and liberty of the petitioner. The petitioner submits that he purchased a shop situated at Civil Courts, Jagraon from respondent No. 5, vide agreeement dated 15.04.2009 for Rs.1,62,000/- and took the possession of the said shop on same very day after paying the full and final consideration. Respondent Nos. 4 and 5 were not satisfied with the sale consideration received by them from the petitioner. After 2 months, they started demanding more money from the Crl. Misc. No. M-36162 of 2009 -2- petitioner. Due to that, petitioner filed a civil suit in Civil Courts at Jagraon against respondent Nos. 4 and 5 and their associates, seeking permanent injunction and restraining respondent Nos. 4 and 5 and their associates from dispossessing the petitioner from the shop in question. The Civil Court vide order dated 08.7.2009 had stayed the orders in favour of the petitioner. It is alleged that thereafter the respondents started threatening the petitioner and on 26.11.2009, respondent Nos. 4 and 5 came to the shop of the petitioner at 5.00 P.M and threatened him to vacate the shop or face dire consequences. On 27.11.2009, a representation was made to respondent Nos. 1 and 2 In the above background, a direction has been sought to register the F.IR against the respondents. A reply has been filed by the Deputy Superintendent of Police, Jagraon, Ludhiana in which he has stated that an inquiry on the application of the petitioner dated 27.11.2009 was conducted by DSP, Jagraon during which the allegations were found to be false. It was revealed that civil dispute with regard to the possession of the said shop is pending between the parties in the ld. Civil Court at Jagraon. Proceedings under Section 107/151 Cr.P.C were initiated against both the parties. The enquiry report is annexed as R-1. As per this report, the matter being civil in nature, no police action is warranted. Apprehending breach of peace, a direction was given to SHO PS City Jagraon to take preventive action against both the parties. Counsel for respondent No. 2 has referred to the order dated 30.10.2009 (R4/3), which was passed by the Court of Civil Judge (Junior Division),Jagron on an application under order 39 rules 1 and 2 read with section 151 CPC for the grant of adminterim injunction during the pendency of the suit. Crl. Misc. No. M-36162 of 2009 -3- After going through the facts of the case, the Court has given direction to both the parties to maintain status quo regarding possession over the property in dispute as it was existing on the date of filing of the suit i.e on 17.07.2009. Accordingly, the order dated 08.07.2009 (Annexure P1) has been modified by maintaining status quo regarding possession. In view of the enquiry report (Annexure R-1) and the order passed by Court of Civil Judge (Junior Division),Jagron, no further orders are required to be passed in this petition. The petition stands disposed of accordingly. (RITU BAHRI) JUDGE April 01, 2011 G.Arora