Crl. Misc. No. M-15423 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-15423 of 2010 (O&M) Date of Decision: 28.03.2011 Karamvir Singh and others .... Petitioners Versus State of Punjab and others ... Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present : Mr. Vaibhav Narang, Advocate for Mr. Nitin Thatai, Advocate for the petitioners Mr. Raghbir Chaudhary, Sr. DAG Punjab Mr. Ankur Mittal, Advocate for respondents No. 3 to 6 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? RITU BAHRI J. (ORAL) This petition under Section 482 of the Code of Criminal Procedure is for issuance of directions to respondents No. 1 and 2 to protect the life and liberty of the petitioners from respondents No. 3 to 6. The brief facts of the present case are that petitioners No. 1 and 2 are real brothers and are doing lottery and entertainment business at Janakpur, Opposite Gali No. 16, Ludhiana. Since last few years lottery business was on boom and resultantly it progressed day and night, therefore, the police officials started harassing and humiliating the petitioners and their family members. Father of the petitioners – Sh. Jagjit Chawla @ Bittu Chawla was falsely implicated Crl. Misc. No. M-15423 of 2010 (O&M) 2 in the number of cases/FIR's but ultimately he was acquitted in most of the cases. The premises of the petitioners was attacked by the police officials and eight separate FIRs i.e. FIR No. 413 to 417 and 419 to 421 dated 12.11.2008 under Section 13A/3/67 of Gambling Act were registered at Police Station Division No. 6, Ludhiana against petitioner No. 2. One FIR No. 134 dated 2.8.2009 under Sections 166/167/120-B IPC at Division No. 6, Industrial Area, Ludhiana has been registered against 10 police officials who had conducted the raid on the premises of the petitioners. This was done after the petitioners have approached this Court by filing a Crl. Misc. No. 31144 of 2008 titled as “Jagjit Singh @ Bittu Chawla and others vs. State of Punjab and others”. The petitioners alleges on 7.4.2010 they arrested petitioner No. 3 i.e. Vinod Kumar son of Babu Ram and one Ram Milan son of Guru Parshad from their home and registered a case under Sections 41-2/109 Cr.P.C. Copy of Kalandra and memo of arrest dated 7.4.2010 is Annexure P-2. On 19.4.2010 when petitioners No. 1 and 2 alongwith their father Sh. Jagjit Singh went to police station for taking back their motor cycle then respondents No. 3 to 5 demanded a sum of ` 50,000/- as a bribe in lieu of returning back their motor cycle. On 20.4.2010, the said amount was given to SHO Balwinder Singh and ASI Lakhvir Singh. On 23.4.2010, detailed representation has been made to respondent No. 2 narrating the incident of threat, harassment and humiliation but no action was taken on that representation Petitioners have filed present petition seeking protection of life and liberty. Counsel for the respondent – State has argued that on a complaint dated 23.4.2010, an enquiry was got conducted by Crl. Misc. No. M-15423 of 2010 (O&M) 3 respondent No. 2 – Commissioner of Police, Ludhiana from S.H.O., P.S. Division No. 6, Ludhiana. As per the enquiry, it was revealed that there is no danger to the life and liberty of the petitioners. There are number of crimes of playing gambling, fraud, using violence, theft etc. against petitioners No. 1 and 2 and their father Jagjit Singh. The details of FIR registered against them are as under:- (i)FIR No. 201/25.9.2007 under Section 324, 427, 506, 34 IPC, PS Division No. 7, Ludhiana. (ii)FIR No. 118/9.7.1993 under Section 13A/3/67 Gambling Act, PS Sadar, Ludhiana. (iii)FIR No. 159/11.7.1996 under Section 324, 326, 34, 120-B IPC, PS Division No. 6, Ludhiana. (iv)FIR No. 116/3.2.1998 under Section 153A IPC, PS Division No. 6, Ludhiana. (v)FIR No. 21/15.1.1999 under Section 384, 506, 120B IPC, PS Division No. 6, Ludhiana. (vi)FIR No. 132/22.5.1999 under Section 382, 380, 456, 506/148, 149 IPC, PS Division No. 6, Ludhiana. (vii)FIR No. 454/5.11.2001 under Section 13A/3/67, PS Division No. 6, Ludhiana. (viii)FIR No. 144/22.5.2001 under Section 382, 506, 325 IPC, PS Division No. 6, Ludhiana. (ix)FIR No. 41/12.6.2001 under Section 302 IPC, PS Dehlon, District Ludhiana. (x)FIR No. 67/13.2.2003 under Section 420 IPC, PS Division No. 6, Ludhiana. (xi)FIR No. 68/13.2.2003 under Section 353, 186 IPC, PS Crl. Misc. No. M-15423 of 2010 (O&M) 4 Division No. 6, Ludhiana. (xii)FIR No. 221/6.6.2003 under Section 420, 467, 468, 471 IPC, PS Division No. 6, Ludhiana. (xiii)FIR No. 245/6.6.2003 under Section 452, 324, 506, 323, 34 IPC and under Section 4/5 SC & ST Act, PS Haibowal, Ludhiana. (xiv)FIR No. 12/14.1.2008 under Section 323, 341, 506, 34 IPC, PS Division No. 6, Ludhiana. (xv)FIR No. 147/7.8.2006 under Section 304 IPC, PS Division No. 7, Ludhiana. As regards impounding of the motor cycle on 7.4.2010, it was found that motor cycle of the petitioner was impounded under Section 41(2), 109 Cr.P.C. which was got released by the petitioners from the concerned Court on 10.7.2010. Thereafter, on 31.7.2010, ASI Hakam Singh, Police Station Division No. 7 had also impounded the motor cycle of the petitioners under Section 207 of Motor Cycle Act which was got released by the petitioners from the concerned Court on 9.8.2010. The motor cycle of the petitioners was legally impounded by the police. The allegations that the petitioners and their family members are threatened by the police for demanding illegal gratification from petitioners, FIR No. 168 dated 24.4.2003 under Sections 7/12/13 of Prevention of Corruption Act has already registered. Another FIR No. 134/2009 under Sections 166, 167, 409, 120-B IPC, P.S. Division No. 6, Ludhiana has already been registered against the delinquent police officials. However, during the investigation of the case, offence under Section 409 IPC was not Crl. Misc. No. M-15423 of 2010 (O&M) 5 made out and accordingly Challan/Final Report under Section 173 Cr.P.C. has been presented before trial Court against the delinquent police officials for commission of offences under Sections 166, 167 IPC and now the case is pending in the Court of Sh. Vikran Kumar, JMIC Ludhiana. After investigating the contents of the CD supplied by the petitioner, the said CD was got checked from the Laboratory and as per the report of the laboratory, the said CD was not continuously prepared and there were pauses. However, the police officials changed the place and time of occurrence in said 8 FIRs for which they are being prosecuted under Sections 166, 167 IPC. In view of the detailed investigation carried out no further orders are required to be passed. Petition is disposed of accordingly. (RITU BAHRI) 28.03.2011 JUDGE reena