CWP No.15699 of 2008 [1] THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Writ Petition No.15699 of 2008 Date of Decision: 04 – 09- 2008 Om Parkash Gulyani ....Petitioner v. State of Haryana and others ....Respondents CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Vinod S. Bhardwaj, Advocate for the petitioner. *** KANWALJIT SINGH AHLUWALIA, J. Present petition has been filed by Om Parkash Gulyani seeking a direction to Senior Superintendent of Police, Hisar to register a case against respondents No.4 and 5 for offence under Sections 448, 449, 506 and 458 of the Indian Penal Code. We have heard learned counsel for the petitioner. It has been stated that respondents had obtained signatures of the petitioner on blank papers. It is also evident that a civil suit has been filed by respondent No.4 Samunder Singh against the petitioner, in which ex parte judgment and decree has been passed by the Court of Additional Civil Judge (Senior Division), Hisar against the petitioner. It has been stated that the petitioner has already approached the Civil Court for setting aside the ex CWP No.15699 of 2008 [2] parte judgment and decree. Petitioner had earlier approached the Court of Judicial Magistrate Ist Class, Hisar for prosecuting respondents 4 and 5 under Sections 467,468,471,406 and 120-B IPC. Concerned Area Magistrate had sought report under Section 202 Cr.P.C. from Station House Officer, Police Station Civil Lines, Hisar. Disputed questions of fact are involved. In the present case, parties are in civil litigation. Therefore, this Court cannot come to the rescue of the petitioner in a writ jurisdiction. Petitioner, if so advised, for the offences enumerated in this petition, can also avail alternative remedy by filing a criminal complaint in the Court of concerned area Judicial Magistrate. Hence, there is no merit. Present petition is dismissed with liberty to the petitioner to take recourse to alternative remedy available to him under the law. ( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA ) JUDGE JUDGE September 04, 2008. RC