IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 65 of 2009 Date of Decision : February 25, 2009 Harpreet Kumar ....Petitioner Versus Pawan Rai, Senior Superintendent of Police, Jalandhar. .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Mr. Mohd. Yousaf, Advocate for the petitioner. Mr. S.S.Sahu, Asstt. Advocate General, Punjab, for the respondent. T.P.S. MANN, J. (Oral) Reply has been filed on behalf of the respondent today in the Court, which is taken on record. The case of the petitioner is that despite order dated 20.11.2008 passed in Crl. Misc. No. M-30501 of 2008, the respondent has not looked into the grievances of the petitioner. In his reply, the respondent has stated that on receipt of the order dated 20.11.2008, the papers were marked to DSP, City(I), Jalandhar, who conducted the enquiry into the matter. During the enquiry, it was revealed that deceased Surti Ram used to sell petrol illegally in order to earn profit. The petitioner had to go to Dubai on 27.3.2008. He went to the house of C.O.C.P. No. 65 of 2008 -2- Surti Ram to meet his relative Sukhwinder Pal Singh @ Sunny and also to get petrol. At that time, Surti Ram was not present in the house but was present in front of the shop of Mohan Lal under the influence of liquor. One Piarey Lal had also arrived there. When people gathered at the spot they asked Piarey Lal to leave Surti Ram to his house. Piarey Lal had left Surti Ram in front of his house and himself left for the house of his brother. Surti Ram and his son Atma Ram started putting petrol in a Can. Harpreet @ Happy and his relative Sukhwinder Pal Singh @ Sunny were also present there. All of a sudden the Can which was in the hands of Surti Ram fell down on the floor and the petrol spilt all around. Surti Ram was having a lighted cigarette in his hand, which also fell down. As a result of the same, the petrol caught fire and the gas cylinder lying in the room was engulfed in the fire. The fire was so heavy that the doors became stuck with the frames. Surti Ram, his wife Soma Devi, his son Atma Ram, Harpreet @ Happy- petitioner and Sukhwinder Pal Singh received burn injuries. Lateron, Sukhwinder Pal Singh @ Sunny, Surti Ram, his wife Soma Devi and son Atma Ram died on account of the burns. The post-mortem examinations of the dead bodies of deceased persons except that of Surti Ram was not conducted as the legal representatives of deceased obtained requisite permission from the Sub Divisional Magistrate, Jalandhar, to dispense with the said examination. Only the dead body of Surti Ram was subjected to post-mortem examination. The death of all these persons occurred in an accidental fire. Piarey Lal was not at all involved in the episode and he had left Surti Ram in front of his house and then left for the house of his own C.O.C.P. No. 65 of 2008 -3- brother. The DSP, City(I), Jalandhar, submitted the aforementioned enquiry report to the respondent, who perused the same carefully and agreed with the same as no cause of action arose against any person. In view of the aforementioned stand taken on behalf of the respondent, it cannot be said that order dated 20.11.2008 passed by this Court has not been complied with by the respondent. The petition is, accordingly, dismissed. ( T.P.S. MANN ) February 25, 2009 JUDGE ajay-1