CRM-M- No. 20936 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M- No. 20936 of 2011 Date of Decision : 14.12.2011 Mohinder Singh …Petitioner Versus State of Punjab etc. …Respondents CORAM: HON'BLE MR. JUSTICE ALOK SINGH 1. Whether Reporters of local newspapers may be allowed to see judgment? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Mr.Satinder Khanna, Advocate, for the petitioner. Mr.Raghubir Chaudhary, Sr.DAG, Punjab. Mr.P.S.Punia, Advocate, for respondent Nos. 3 and 4. *** Alok Singh, J. (Oral) Grievance of the petitioner is that he is being harassed by the police by calling him to the police station and making him sit in the police station right from the morning to evening without there being any F.I.R. against him. Affidavit of Gurpreet Singh, Assistant Commissioner of Police, Rural Jail, Ludhiana is handed over by the learned State counsel, which is taken on record. Mr.Daljit Singh, Station House Officer, Police Station, Dehlon- respondent No.2 is personally present before this Court in compliance of order dated 13.7.2011. He has stated that one Mr.Tara Singh resident of Village Alamgir, District Ludhiana has given a complaint in the Police Station Dehlon on 2.7.2011. Therefore, the petitioner was called upon to CRM-M- No. 20936 of 2011 2 make enquiry on the complaint filed by Tara Singh. Alleged complaint, Annexure R-1, reads as under:- “Sir, Requested that I, Tara Singh son of Devi Dayal, am resident of Vill. Alamgir, Distt. Ludhiana. My land is situated in village Alamgir and the adjoining land thereof is of my uncle whose name is Jagjit Singh. He has died. The motor fitted in our fields is joint and the connection stands in the name of my grandfather. Now my cousin Mahinder Singh and Sukhwinder Singh sons of Jagjit Singh forcibly took the water from our motor whereas they have sold their land and motor connection and now they cultivate the same land on lease basis. They prevented us from using the motor and whenever, we go to motor to irrigate our land then they started abusing us and also threatened to kill us. Today, they also kept on threatening from their Mobile No.84270-08086. Kindly take action against them. There is also injunction order in our favour regarding the Motor, copy is enclosed.” Para 6 of the affidavit of Gurpreet Singh, Assistant Commissioner of Police is as under:- “That in reply to para 6, it is submitted that Notice U/s 160 Cr.P.C. is given only after registration of FIR but since in the present case no FIR has been registered against the petitioner so far, so question of issuance of notice U/s 160 Cr.P.C.does not arise at all.” On being asked, as to whether in his opinion, offence was cognizable in nature, SHO Inspector Daljit Singh stated no. In the opinion of this court, if a complaint is made to the Police Officer justifiably showing the cognizable offence, he is duty bound to register an FIR as provided under Section 154 Cr. P.C. and to start investigation. However, if there is no cognizable offence, he is not CRM-M- No. 20936 of 2011 3 supposed to start investigation on the complaint containing non-cognizable offence without permission of the Magistrate concerned. On being asked what action was taken on the complaint, he has stated that no action is being taken thereon. He has further stated that the petitioner shall not be called once again in the police station in pursuant to the complaint (Annexure R-1). The Police Officer is warned for his illegal action for harassing the petitioner by calling him in Police Station on the alleged complaint. It is very strange that even Sh.Gurpreet Singh, Assistant Commissioner of Police in his affidavit has tried to justify illegal action of the S.H.O. Let a copy of this order be forwarded to Commissioner of Police, Ludhiana, for information and to take necessary action against the guilty Police Officers. Petition stands disposed of ( Alok Singh ) December 14, 2011 Judge mks