Crl.M.No. M-12987/2009. 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl.M.No. M-12987/2009. Date of decision: 27.7.2010. Gurdev Kaur and another ....................Petitioners v. State of Punjab and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.KS Sidhu,Advocate for the petitioner. Mr.Gaurav Garg Dhuriwala,AAG Punjab for respondents 1 to 3. Mr.Suresh Goel,Advocate for respondent no.4 Mr.GS Toor,Advocate for respondents 5 to 9 Jaswant Singh.J.(Oral) Prayer in this petition under Section 482 Cr.PC is for directing respondents 1 and 2 (SSP Barnala etc.) to register criminal case against respondent no.3 (SHO, PS Mehal Kalan,Barnala) and private respondents 4 to 10 and 12, for allegedly intimidating and threatening the petitioner to withdraw criminal complaint filed by her against private respondents under Sections 323/452/354/295/120-B IPC which is pending before learned Additional Chief Judicial Magistrate, Barnala. Briefly noticed, the petitioner-Gurdev Kaur has alleged that she is owner in possession of ancestral property of her father Sadhu Crl.M.No. M-12987/2009. 2 Singh situated in the revenue estate of Village Hardaspur,Tehsil and Distt.Barnala and one Palwinder Singh (not arrayed as respondent herein) in connivance with other private respondents fraudulently got a sale deed executed in his favour, in respect of seven bighas five biswas of land. It is further alleged that petitioner had got constructed her house on the said land, but on 23.11.2005 the private respondents trespassed into her house, forcibly occupied the same and gave severe beatings to her and her daughter. Thereafter she filed the aforesaid criminal complaint, which the private respondents want petitioner to withdraw by pressurising and threatening her. It is also her case that private respondents in connivance with each other grabbed her locked residential house and was also kept in illegal police confinement by the police officials of PS Mehal Kalan. The petitioner is alleged to have made v complaints in this regard to various authorities like SSP, CM Punjab as also Human Rights Commission,Punjab which ultimately directed the SSP Barnala to look into the matter. It is also alleged by the petitioner that private respondents also killed her son Gurpreet Singh and that now she is residing in Village Gurudwara, but private respondents are bent upon to throw her out from there also. Upon notice of motion separate written statements have been filed on behalf of official respondents (1 to 3) and private respondent no.4. In the reply filed by Gurmail Singh,DSP,Mehal Kalan camp at Sherpur, on behalf of respondents 1 to 3 it is stated that petitioner has Crl.M.No. M-12987/2009. 3 no property in Village Hardaspura and is residing in Gurudwara Sahib alongwith her minor daughter. She had sold land measuring 013 biswas to one Amrik Singh (respondent no.4) vide registered sale deed. Said Amrik Singh-a handicapped, constructed two rooms on the said land and rented out one room to one Jaswinder Singh, but petitioner in the absence of Amrik Singh broke opened the locks of said house and took forcible possession thereof, regarding which FIR No.33 dated 23.5.2008 has been registered against her under Sections 452/447/427/506 IPC in which challan has already been presented and trial is going on. Besides this another FIR No.30 dated 9.6.2007 under Section 420 IPC has been registered against her for cheating one Perwinder Singh by selling land to him despite a stay order and challan in said FIR has been presented and she is facing trial in that case also. Respondent no.4 in his written statement has stated that he has purchased the house in dispute vide registered sale deed dated 16.5.2002. It is also stated that modus operandi of the petitioner is to sell her land to various vendees and then file false complaints against them to grab the sold land. Regarding the alleged killing of Gurpreet Singh- son of the petitioner, it is stated that in fact he died in a motor vehicular accident that took place on 13.12.2007 in District Barmer (Rajasthan) and the petitioner filed a claim petition before the Motor Accident Claims Tribunal,Barnala and was awarded a compensation of Rs.4,52,888/-. Rest of the allegations made in the petition are denied being false. Crl.M.No. M-12987/2009. 4 After hearing the learned counsel for the parties and going through the written statements filed by respondents, in my opinion, no case for interference is made out. The petitioner had filed a complaint before Punjab Human Rights Commission, containing similar allegations. The said complaint was disposed of by the Commission by directing SSP Barnala to look into the allegations of the petitioner. Besides that the complainant has already filed a criminal complaint which is pending in the Court of learned Additional Chief Judicial Magistrate,Barnala. Rest of the allegations are mere bald and vague accusations. In view of the above, in my opinion, no relief, in exercise of jurisdiction under Section 482 Cr.PC can be granted to the petitioners. However, the petitioners may seek appropriate remedy available to them in accordance with law. No case for interference is made out. Dismissed. 27.7.2010 (Jaswant Singh) joshi Judge