Crl. Misc. No.M-30507 of 2010 (O&M) -1- IN THE HON'BLE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.M-30507 of 2010 (O&M) Date of decision 09.03.2011. Rajinder Singh alias Rinka and another ……..petitioners Versus State of Punjab and others ……..respondents CORAM: HON’BLE MS.JUSTICE RITU BAHRI Present: Mr. Bikramjit Singh Bajwa, Advocate for the petitioners. Mr. Guninder S. Brar, AAG Punjab. RITU BAHRI, J. This petition has been filed under Section 482 of the Code of Criminal Procedure (henceforth to be referred as “Cr.P.C.” for short) for issuing direction to respondents no. 2 to 5 not to harass the petitioner. It is alleged in the petition that there is no FIR against the petitioner but still they are being harassed for the last one year under the garb of investigation and the petitioner was being picked up fifteen times by the police and was tortured. He was released with the intervention of Panchayat members on each time on the ground that he was picked up by mistake. It has been further stated that, on 9.09.2010, the petitioner was picked up by the police officials in civil dress from Batala Bye pass i.e. Suniya. Petitioner No.2 went to the Police Station along with family members to get released the petitioner No.1. But police told petitioner No.2 to come at Bye-Pass Gurdaspur, where eight persons were standing in civil dress, claiming to be the employees of Intelligence Police and told petitioner No.2 that they had brought his son on suspicion and making enquiry from him in that regard. Though petitioner No.2 was permitted to bring petitioner No.1 at home but he was severely beaten up by the police. Crl. Misc. No.M-30507 of 2010 (O&M) -2- Subsequently, on 25.09.2010 at 9.00a.m., one Gypsy bearing registration No.PB-12-3094 in which three four were in police dress and some were in civil were sitting, raided the house of the petitioners and asked about petitioner No.1. Not finding petitioner No.1 in the house, they abused petitioner No.2, his wife and relatives. Thereafter, petitioner No.2 along with respectables of the village went to the Police Station to enquire about the fact that why they require petitioner No.1 but the police did not tell anything. In the meantime, nephew of the petitioner, who had come to petitioner's place, was made to sit in the police station. Thereafter, with the intervention of respectables of the village, nephew of petitioner No.2 was rescued from their clutches. A representation dated 27.09.2010 has been sent to the Human Rights Commission, Punjab, Chandigarh by the petitioner No.2. Notice of motion was issued. State has filed reply on behalf of respondents No.1, 2, 4 and 5 of Senior Superintendent of Police, Batala, wherein it has been stated that as per report received from all the SHO’s of Police District Batala, petitioner No.1 Rajinder Singh alias Rinka son of Kewal Singh R/o Village Dhir, Tehsil Batala, District Gurdaspur and Kewal Singh son of Teja Singh R/o Village Dhir, Tehsil Batala, District Gurdaspur were neither wanted in any case nor any police party of District Batala had raided their houses in the odd hours and arrested/kidnapped, harassed or tortured them. Reference has been made to Panchayat Nama/Resolution (Annexure R-1), in which the members of the Panchayat has stated that no police party of District Batala had arrested/kidnapped Rajinder Singh @ Rinku S/o Kewal Singh nor they had gone in any police station to get him released. It has been further denied that Gypsy bearing registration No.PB-12-3094 had visited the house of the petitioners. It has been admitted in the said reply that the representation dated 22.09.2010 sent to the Human Rights Commission has been endorsed to the SSP, Police Crl. Misc. No.M-30507 of 2010 (O&M) -3- District Batala, IG Border Range Amritsar, DGP Punjab Police Chandigarh. However, it has been mentioned that enquiry of the complaints were got conducted through Sh. Gurmit Singh, DSP/City Batala and the allegations were found false. In view of the reply, the present petition is being disposed of as no further orders are required. 9.03.2011 (RITU BAHRI) Jyoti 1 JUDGE