Criminal Misc. No. M-1030 of 2011 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-1030 of 2011 Date of decision:- 05.7.2011 Jaswant Singh ...Petitioner Versus State of Punjab ...Respondent CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present:- None for the petitioner. Mr. Guninder S. Brar, AAG Punjab. RITU BAHRI J. This petition has been entertained on a telegram sent by the petitioner. The allegation is that Jaswant Singh son of Atma Singh was picked up by ASI Harbans Singh, SHO Gurbinder Singh and his gunman from Gurdaspur on November Twelve. He was kept in unlawful confinement and tortured. He was pressurized to withdraw the affidavit given against the police officials and also pressurized to effect compromise with Shokin Singh of Village Mari Buchian. On November Thirteen Gurmit Singh, Surjit Singh, Pritam Singh sons of Swaran Singh, Harsimranjit Singh son of Surjit Singh, Manjit Kaur wife of Pritam Singh and Gurwinder Kaur wife of Sabhi came to the police station alongwith deed writer Vicky from Sri Hargobindpur. SHO Gurbhinder Singh and ASI Harbans Singh got his signatures on blank stamp papers and in registered deed writer under threat and later on they have converted it into forged and fabricates sale agreement. SHO Gurbhinder Singh had connived with Shokin Singh and has bad Criminal Misc. No. M-1030 of 2011 -2- eye on his property. He has already taken about 10 acres of land on mortgage abutting with his land. SHO Gurbhinder Singh and ASI Harbans Singh also received Rs.20,000/- from him under pressure as gratification. They are now threatening the petitioner to implicate him in a false case. On notice, reply has been filed by the Deputy Superintendent of Police, Head Quarter-cum-Sub Division Quadian. It is denied that Jaswant Singh son of Atma Singh resident of Village Mari Buchian was picked up on 12.11.2010 from Gurdaspur by ASI Harbans Singh and SHO Gurbhinder Singh of Police Station Sri Hargobindpur and was kept in unlawful confinement. Jaswant Singh was arrested on 14.11.2010 in case FIR No.120 dated 30.11.2009 under Sections 307,324 and 323 IPC and Section 25/27/54/59 of Arms Act, registered at Police Station Sri Hargobindpur. He had got bail on 30.11.2010 from the Court of Additional Sessions Judge, Gurdaspur. The challan has been presented on 20.1.2011 and the case is fixed for framing of charges on 14.6.2011. An inquiry has been conducted on complaint No.34-MPC dated 14.1.2011 filed by Jaswant Singh stating that a gratification of Rs.20,000/- has been taken from him after obtaining signatures on blank papers under threat to life. During inquiry, statement of Jaswant Singh son of Atma Ram, Pritam Singh son of Swaran Singh, Gurmit Singh son of Swaran Singh, Surjit Singh son of Swaran Singh, Vicky son of Rana and Shaukin Singh son of Bachittar Singh were got recorded by Rajinder Singh, Superintendent of Police, Head Quarter, Batala. After the inquiry, the officer has come to the conclusion that the allegations levelled by complainant are found to be false as he could not produced any document or witness and it was recommended to file the complaint. After going through the reply filed by the State, and the inquiry conducted by Rajinder Singh, Superintendent of Police, Batala and accepted by the Senior Superintendent of Police, Batala, the allegation that the petitioner has Criminal Misc. No. M-1030 of 2011 -3- given Rs.20,000/- as gratification has not been proved. In view of this, no further orders are required to be passed in this criminal miscellaneous petition. Disposed of. 05.7.2011 ( RITU BAHRI ) Vijay Asija JUDGE