IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-27939 of 2011 (O&M) Date of decision : 14.9.2011 Inderpreet Singh and others ....Petitioners Versus State of Punjab and others ...Respondents CORAM : HON'BLE MR.JUSTICE MAHESH GROVER .... Present: Mr.Ritesh Pandey, Advocate for the petitioners. ..... MAHESH GROVER, J. This is a petition under Section 482 of the Code of Criminal Procedure praying that direction be issued to the respondents to the effect that the petitioners be not harassed. The petitioners allege that they are active supporters of one Shri Sukhjit Singh Lohgarh who was earlier a candidate of Shiromani Akali Dal in the approaching SGPC Elections from Dharamkot constituency and now he is contesting as an independent candidate since his nomination has been cancelled by the party which was supporting him initially. The petitioners contend that since they are active members and supporters of the aforesaid candidate and in the wake of the denial of the official recognition by a political party they have extended their support to certain other persons. The political party Crl.Misc.No.M-27939 of 2011 (O&M) -2- from which the earlier candidate was seeking election has been replaced by another candidate. The petitioners, however, continued to extend support to Shri Sukhjit Singh Lohgarh, who was earlier a candidate of the said political party and because of this reason they are receiving threats from unknown persons asking them to withdraw their support and extend it to the official candidate Shri Gurmel Singh Sidhu. Further, allegation has been made that the entire conspiracy to threaten the petitioners has been done at the instance of one Jathedar Tota Singh, who was ex-Education Minister of Punjab and is also a prominent Akali Leader. It has been averred that at his behest the police is openly threatening the petitioners that they would involve them in a false case and their children would be kidnapped. On due consideration of the matter, I am of the opinion that the petition under Section 482 of the Code is totally misconceived. The petitioners' political affiliations are of no consequence to the Court and such battles are best left to be fought where they are intended to be fought, but the court cannot be used as a medium to settle such perceived differences that may arise out of an electoral support of a particular candidate or political alignment. I am further of the opinion that the petition under Section 482 of the Code is a sheer abuse of the process of law. The petitioners have the remedy of approaching the police officials in the wake of any threat which they say they have done. They also have a remedy of filing an appropriate complaint against persons who are threatening them but invocation of the power under Section 482 of the Code in the backdrop of the sort of allegations that have been referred to are Crl.Misc.No.M-27939 of 2011 (O&M) -3- unacceptable to the Court. The petition is without any merit and is frivolous and is thus dismissed with costs of Rs.5,000/-. 14.9.2011 (MAHESH GROVER) JUDGE dss