IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.5324 of 2008 Date of decision : 9th September, 2008 Surjit Singh … Petitioner Versus Inspector General of Police, Haryana and others … Respondents CORAM: HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present : None for the petitioner. Mr. S.K. Hooda, Senior DAG Haryana for the State. Mr. S.S. Brar, Advocate for respondent No.4. KANWALJIT SINGH AHLUWALIA, J. Surjit Singh petitioner had filed present writ petition against the State of Haryana; Inspector General of Police, Haryana; DSP Tohana; ASI Police Station City, Tohana; and his brother Joginder Singh, praying that a writ be issued and respondents Chander Singh DSP Tohana and Subhash Chander ASI Police Station City Tohana be restrained not to implicate the petitioner in a false criminal case and he be not dispossessed from the civil suit by invoking Section 145 Cr.P.C. on the ground that petitioner is in a civil litigation with his brother respondent No.4. Notice of motion was issued and a Co-ordinate Bench thought that since the dispute is between the brothers due to some misunderstanding over the sale of land and attempted to explore the Civil Writ Petition No.5324 of 2008 possibility of compromise on May 07, 2008 and subsequently in order dated May 14, 2008, recorded failure of the attempt to bring compromise between the parties. According to his own averment, petitioner is in litigation with his brother respondent No.4 and a civil suit has been instituted by him in the Court of Additional Civil Judge (Senior Division), Tohana. In an application under Order 39 Rule 1 and 2 for ad-interim injunction, the civil Court had ordered maintenance of status quo between the parties. Thereafter, petitioner had instituted a complaint against the DSP and ASI (Annexure P-2). Petitioner is also aggrieved against the submission of kalandra under Section 107 and 151 Cr.P.C. against him and his brother respondent No.4. Petitioner has also assailed preparation of kalandra under Section 145 Cr.P.C. against him. A written statement has been filed by respondent No.2 on his behalf and on behalf of respondent No.1-A to 3. In the same, it has been submitted that petitioner is a habitual offender and involved in various FIRs. It has also been stated that in Civil Appeal filed, order of status quo has been vacated and petitioner has been restrained from interfering in the peaceful possession of the respondent No.4. It has further been stated that on a kalandra submitted under Section 145 Cr.P.C., SDM Tohana had sought a report from the Tehsildar Tohana, who has stated that he has apprehension of breach of peace. We have perused the written statement and the replication preferred by the parties. We are of the view that no general directions as prayed by the petitioner that he be not involved in any case, can be issued by this Court. There can be no blanket order. In case petitioner commits any act of omission or commission, which fastens him with the criminal liability, the authorities will be well within their rights and petitioner may challenge the action of the respondents by taking recourse to lawful remedy. So far as initiation of proceedings under Section 145 Cr.P.C. is 2 Civil Writ Petition No.5324 of 2008 concerned, since both, petitioner and respondent No.4 are engaged in a civil litigation and had filed cross Appeals and respondent No.4 has obtained an ad-interim injunction from the appellate Court restraining the petitioner not to interfere in his possession, the orders of the Civil Court can be produced by the parties before the concerned SDM, who after taking into consideration the fact that no proceedings under Section 145 Cr.P.C. can be initiated during the pendency of civil suit between the parties, will decide the matter and pass appropriate orders. With these observations, present writ petition is disposed off. [HEMANT GUPTA] JUDGE [KANWALJIT SINGH AHLUWALIA] JUDGE September 09, 2008. rps 3