CRM No. M-36663 of 2009 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH CRM No. M-36663 of 2009 (O&M) Date of Decision : 07.02.2011 Jamalo Devi .......... petitioner Versus State of Haryana ...... Respondent CORAM : HON'BLE Ms. JUSTICE RITU BAHRI Present : By post. Mr. Kshitij Sharma, AAG, Haryana. **** RITU BAHRI, J. A criminal miscellaneous under Section 482 Cr.P.C. has been initiated on an application filed by Smt. Jamalo Devi. In the complaint, it was mentioned that SHO Chhotu Ram accompanied by other police officials came to the house of the complainant and gave beatings to her as well as her daughter-in-law, which resulted in termination of pregnancy of her daughter-in-law. On notice, State of Haryana filed an affidavit of Mohinder Singh, IPS, Superintendent of Police, Sonipat, in which all the allegations were controverted. The other officials named in the complaint filed their affidavits and controverted the allegations made against them. Similar complaint was moved by son of the complainant before the Lokayukta, Haryana and after inquiry by the CRM No. M-36663 of 2009 -2- Inspector General of Police Rohtak Range Rohtak, the inquiry was found to be false. The State counsel informed that a number of cases had been registered against the son of the complainant and this complaint was filed with a view to get rid of those cases. Complainant Smt. Jamalo Devi, appeared in the Court and alleged that Banwari, SHO and Subhash, DSP along with other police officials came to her house and after throwing away her household goods took away Rs. 10,000/- in cash, ear rings, a mangal suter and a chain. She admitted that some cases had been registered against her son but they were registered after the above noted incident. A direction was given to CJM, Sonipat to inquire into the allegations made in the complaint by Jamalo Devi and submit his detailed report within three months. The complainant was to appear in the Court on 22.7.2010 and was to produce all the witnesses before it. In compliance of this order, inquiry report has been received from the Chief Judicial Magistrate, Sonipat. During inquiry, complainant Jamalo Devi herself appeared as CW-1, her daughter-in-law Smt. Rakhi Devi as CW-2 and her son Inderjeet Singh as CW-3. She also tendered in her evidence photocopies of various documents containing complaints made against the police officials, which are Ex. C-1 to C-28. Thereafter she closed her evidence. The learned Magistrate after recording the evidence of the complainant, summoned Sh. Navdeep Singh Virk, the then SP, CRM No. M-36663 of 2009 -3- Sonipat, Sh. Vijay Kumar, Ex. Landlord of Inderjeet Singh, Smt. Sarjo Devi Ex. Landlady of the complainant, Sh. Subhash Chander, the then DSP, Sonipat, Sh. Badri Parsad, the then DSP, Sonipat, Sh. Chottu Ram, Retd. Inspector, Sh. R.P. Goyal, the then CJM Sonipat. These witnesses had placed on record the documents or correspondence of the decisions of competent authorities taken on the various complaints of Smt. Jamalo Devi or Inderjeet Singh, against them, which are mainly Ex. CW-4/1, an inquiry report of Inspector General, Rohtak Division, Rohtak, wherein all the allegations were found to be frivolous, Ex. CW-4/2 order dated 2.9.2009 of Hon'ble Mr. Justice (Retd.) N.K. Sud, Lokayukta Haryana, wherein the allegations of the complainant Inderjeet Singh against the police officials were found without any merit, Ex. CW-4/2 order dated 13.7.2010 with regard to dismissal of protest petition filed by Smt. Jamalo Devi against cancellation report submitted by police in case FIR No. 521 dated 26.12.2008. After going through the entire record and evidence led by the complainant's witnesses, as well as the persons alleged to be vindictive towards the complainant party, a finding has been recorded that the complainant with the help of her son and daughter-in-law are in a habit to harassing the Government officials. A reference has been made to the findings recorded on 2.9.2009 by Justice (Retd.) N.K. Sud, Lokayukta Haryana, on the complaint No. 28 of 2006 of Iniderjeet Singh, wherein the allegations against Sh. Navdeep Singh Virk, Sh. Badri Parsad. Sh. Subhash Chander had been made. Similar complaint was investigated by IG, Rohtak Range, CRM No. M-36663 of 2009 -4- who vide his report Ex. CW-4/1 found the allegations against the police made false and fabricated. Similarly, ADGP, CID, in his inquiry report dated 1.12.2006 stated that the allegations of the complainant against the police officials were fictitious and fabricated. Smt. Jamalo Devi is being used as an instrument by her son Inderjeet and daughter-in-law Smt. Rakhi Devi, to gain sympathy. It is a matter of fact that Inderjeet Singh is not only facing criminal trials in Sonipat but has various FIR registered against him at Gurgaon as well as Delhi and had filed various complaints against the police officials of other Districts. Private persons Sh. Vijay Kumar and Smt. Sarjo Devi have been examined as CW-5 & CW-6 respectively and the affidavits placed on record of various other persons of the locality, are sufficient to prove that they are fed up of their behaviour and misconduct. The allegations of criminal trespass by her landlord has been false and cancellation report against the same has been accepted by the Court vide order dated 13.7.2010 Ex. CW-4/4. The inquiry has been concluded with the observation that the complainant and her son with his wife are unnecessarily harassing the persons, who are law abiding by filing false complaints against them. By moving the present complaint they have succeeded to drag serving or retired police officials and even the senior Judicial Officer of the rank of the Chief Judicial Magistrate to appear as a witness in the inquiry. After going through the inquiry report and the detailed evidence recorded along with the documents presented by the complainant, I am of the considered opinion that a very detailed CRM No. M-36663 of 2009 -5- inquiry has been conducted, which requires no interference by this Court. The Criminal Miscellaneous is dismissed. 07.02.2011 (RITU BAHRI) 'sp' JUDGE