Criminal Misc. No. M-16653 of 2011 (1) IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Criminal Misc. No. M-16653 of 2011 (O&M) Date of decision : 28.7.2011 Rakesh Kamboj .. Petitioner vs State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Pankan Nanhera, Advocate, for the petitioner. Mr. Sandeep Vermani, Additional Advocate General, Haryana. Rajesh Bindal, J. The petitioner has been named as accused in FIR No. 649 dated 1.12.2007, registered under Sections 148, 149, 152, 341, 332, 353, 186, 427 IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984 at Police Station Civil Lines Karnal, on account of some incident which took place on 1.12.2007, where allegedly the petitioner leading a mob had tried to disrupt the traffic on the G. T. Road. Along with the petitioner, number of other persons were also named in the FIR. The petitioner is sought to be arrested. The challan has been presented in the court without even arrest of some of the accused. Learned counsel for the petitioner submitted that the petitioner was mercilessly beaten up without any cause. No FIR on the complaint of the petitioner was registered on account of which he filed Civil Writ Petition No. 1655 of 2008 Rakesh Kamboj vs State of Haryana and others in this court where the conduct of the administration and the police was adversely commented vide order dated 19.5.2009 a direction was issued to register FIR. The Additional DGP, Crime Branch, Haryana, was also directed to constitute a Special Investigating Team, to be headed by an officer not below the rank of Deputy Superintendent of Police with two more police officers as its members for investigation. He further submitted Criminal Misc. No. M-16653 of 2011 (2) that as the officials of Haryana Police are involved, the petitioner filed Letters Patent Appeal No. 1124 of 2009 in this court for seeking investigation in the FIR by some independent agency. The matter is still pending this court before the Division Bench. He further submitted that other accused named in the FIR have been granted pre-arrest bail by this court vide order dated 13.9.2010 passed in CRM No. M-23017 of 2010 Bal Kishan vs State of Haryana and CRM No. M-24095 of 2010 Rajiv Dayol vs State of Haryana. Learned counsel for the State submitted that the petitioner in the present case is the main person who had instigated his supporters to collect at the place and disrupt the traffic. Six policemen were also injured in the incident. Before the administration and the police had taken action, they were warned in advance. Still they did not leave the place. After hearing learned counsel for the parties and considering the observations made by this court while passing order in Civil Writ Petition No. 1655 of 2008, filed by the petitioner, for registration of FIR, in my opinion, the petitioner is not required to be taken in custody. He is directed to appear before the court below within 10 days from today and submit his bail bonds. The petition stands disposed of. 28.7.2011 ( Rajesh Bindal ) vs Judge