IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5867 of 2008 Date of decision : 10th September, 2008 Swaran Singh … Petitioner Versus State of Punjab and others … Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present : Mr. P.P.S. Duggal, Advocate for the petitioner. Mr. Sandeep Moudgill, DAG Punjab for respondent No.1 to 3. Mr. Gagan Pradeep S. Bal, Advocate for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. Present writ petition has been preferred by Swaran Singh seeking direction that Senior Superintendent of Police, Ferozepur and Ashwani Kumar, SHO, Police Station Makhu, District Ferozepur should be directed to secure the life and liberty of the petitioner and his family along with property as Ashwani Kumar, SHO Police Station Makhu, District Ferozepur at the behest of respondent No.4, Hari Singh Zira, former Cabinet Minister (at present MLA) is causing harassment to the petitioner. It has been further prayed that the respondents be restrained as they are not permitting petitioner and his family to reside in their residential farm house as the same has been locked by respondent No.3. It Civil Writ Petition No.5867 of 2008 has been further prayed that registration of case be ordered against the police officials as they had demolished the house of the petitioner and had taken away the household articles. It has been stated in para 3 that at the instance of petitioner, FIR No. 16 dated 12.02.2008 has been registered at Police Station Makhu under Section 379/ 34 IPC. The grievance made is that offences made out in the FIR are mild, rather respondents are guilty of grave offences. We have heard counsel for the petitioner and have also perused the reply filed by way of affidavit of Wajir Singh, DSP, Sub Division Zira, District Ferozepur. He has denied the allegations leveled in the present petition. It has been stated in the reply that the FIR No. 16/2008 has been recorded at the instance of the petitioner against Anoop Singh etc. and the same is being inquired into. It has been stated that there is a dispute between the parties over the possession of disputed land and both the parties are claiming themselves to be owner in possession over the land. After hearing counsel for the parties, we are of the view that there are disputed questions of fact involved in the present writ petition. As to who is in possession of the disputed land, can be best determined by the Civil Court. On the version given by the petitioner, FIR (Annexure P-2) has been already registered. If the offences, according to the petitioner, for which the accused are to be tried, are grave, he can always approach the Court of the concerned Area Magistrate. In the preliminary objections, it has been stated that petitioner is also named as accused in different FIRs. The apprehension of the petitioner that there is a threat to his life and liberty, has not been substantiated, except making out a bald allegation. According to the State, there is no threat perception. 2 Civil Writ Petition No.5867 of 2008 For the reasons stated above, we find no merit in the present writ petition. Hence the same is dismissed. [HEMANT GUPTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE September 10, 2008. rps 3