Crl. Misc.No.M 28418 of 2010 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH. Crl. Misc.No.M 28418 of 2010 Date of Decision:-08.11.2010 Sultan Singh. ......Petitioner. Versus State of Haryana & Ors. ......Respondents. CORAM:- HON'BLE MR. JUSTICE JASWANT SINGH. Present:- Mr. K.S. Dhaliwal, Advocate for the Petitioner. Mr. M.S. Sindhu, Additional Advocate General, Haryana for respondents no.1 to 3. *** JASWANT SINGH, J.(ORAL) Prayer is under Section 482 Cr.PC for issuance of directions to the respondents to register an FIR against Devinder, Moni @ Monika, Sandeep, Hawa Singh, Nirmala, Chandro all residents of village Baltana Teh. Safidon, Police Station Pillukhera, District Jind and Hira Lal, SHO PS Pillukhera and Doctor Civil Hospital Jind for making an attempt to eliminate the petitioner and against officials for misusing their power. It is stated that the petitioner was attacked by above named Crl. Misc.No.M 28418 of 2010 #2# accused persons on 24.7.2010 wherein he suffered grevious injuries. It is stated that petitioner was referred to PGIMS Rohtak where he remained admitted till 31.7.2010. It appears that the accused party had also approached the police and an FIR no.94 dated 25.7.2010 under Sections 285, 447, 120-B and 511 of Indian Penal Code and 25 of the Arms Act was registered at PS Pillukhera, District Jind against the petitioner and his alleged accomplices. The grievance of the petitioner is that instead of petitioner approaching the police authorities vide complaints P2 and P3, revealing commission of a cognizable offence by the other party, no cross case is being registered and investigated. Upon notice reply by Sh. Om Singh, DSP Headquarter, Jind on behalf of respondents no.1 to 3 has been filed. In the reply it has been stated that the petitioner was approached on 25.7.2010 at the PGIMS Rohtak by the police for giving statement. He was declared unfit. He was again declared unfit for giving statement on 28.7.2010. However, he made statement that he shall get his statement recorded after recovery of health. Thereafter he kept quiet and was arrested on 17.8.2010 on the basis of allegations in the FIR. It is then he got his statement recorded vide DDR No.19 dated 17.08.2010(R-1). The facts in the DDR were verified by Inspector Gurdial Singh by associating the suspects and other respectable persons of village Bartana and it was found that petitioner Sultan Singh in order to grab land of Hawa Singh had levelled false allegations of beating etc. The matter was also enquired through DSP, Headquarter, Jind on receipt of the complaint of Crl. Misc.No.M 28418 of 2010 #3# the petitioner down marked by the office of IGP, Hisar range, Hisar. During the said enquiry the allegations levelled by the petitioner- accused were found to be false and made only with a view to pressurise the police for initiating illegal action against the complainant side. It was also found that if Devinder from the complainant side had not given the stick blow at the hand of the petitioner Sultan Singh the Sultan Singh would have fired upon from his pistol without licence which he was carrying/possessing. In the enquiry conducted by Inspector at R-2 it was observed as under:- “Moreover, if Devinder had not given stick blow at the hand of the petitioner then the petitioner must have fired upon him from his pistol(without licence) which he was carrying/possessing at that time and it was also found that Devinder and his wife Monika had given beating to the petitioner in their self defence, hence no cognizable offence was found to be committed. It is also submitted here that in this case the petitioner has attempted to fire upon the complainant with country made pistol which he possessing without any licence/permission from the competent authority.” It has also been stated that the petitioner has a criminal background. After arguing for sometime learned counsel for the petitioner seeks permission to withdraw the present petition with Crl. Misc.No.M 28418 of 2010 #4# liberty to file fresh complaint before appropriate forum. Dismissed as withdrawn with aforesaid liberty. ( JASWANT SINGH ) JUDGE 08th November, 2010 Vinay