Crl. Misc. No. M-20536 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-20536 of 2010 Date of decision : 31.03.2011 Karnail Singh and others ......Petitioners versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: None for the petitioners. Mr. Guninder Singh Brar, AAG, Punjab **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for directing the respondent Nos. 1 and 2 to protect the lives and liberty of the petitioners by providing security and for appropriate direction to respondent Nos. 3 to 5 not to harass the petitioners. Petitioner No.1 is a Non Resident Indian and is residing in Canada for the last 10 years. He is also member of NRI Sabha, Punjab and petitioner No. 2 is son of petitioner No. 1 and he is also residing in Greece. The daughter-in-law of the petitioner namely Jaswinder Kaur along with her minor daughter aged 5 years reside in village Katt, Police Station-Behra, District Nawanshahar. Respondent No. 6 is brother of petitioner No. 1 and both were convicted and sentenced by the Court of ld. Sessiosn Judge, Jalandhar, vide judgment dated 27.09.1976. Petitioner No. 1 and respondent No. 6 and their co-accused Gurmeet Singh (since deceased) filed appeal before the Hon'ble High Court, which was dismissed. Feeling aggrieved by Crl. Misc. No. M-20536 of 2010 -2- the above said judgments, petitioner No. 1 and respondent No. 6 filed appeal in the Hon'ble Supreme Court of India, which was also dismissed, while holding the petitioner No. 1 guilty for the offence under Section 304 Part II, while respondent No. 6 was acquitted of the said charge but respondent No. 6 was sentenced for the offence under Section 325/34 IPC and the sentence of 1 year to the said respondent No. 4 was maintained, vide judgment dated 23.02.1994 (Annexure P1). It appears that there is long litigation between the family members. Petitioners apprehends harrassment from the respondents and has prayed this Court that they should not be harassed by the parents as well as by respondent Nos. 3 to 5. They are threatening the petitioners to implicate them in a false criminal case and are further threatening petitioner No. 1 to give the share of house constructed by petitioner No. 1 forcibly and illegally to respondent No. 6. After this, petitioner No. 1 gave a written representation dated 03.07.2010 to Senior Superintendent of Police, Nawanshahar (respondent No 2) but no action has been taken against respondent Nos. 3 to 5 who are police officials. On notice, a reply has been filed by Deputy Superintendent of Police, District Shaheed Bhagat Singh Nagar on 20.09.2010. As per the reply filed, petitioner had moved an application on 29.05.2007 (Annexure R1) with the president NRI Sabha, Punjab, Jalandhar against Sarabjit Singh son of Raghubir Singh, Raghubir Singh son of Gulzar Singh, Avtar Singh son of Mihan Singh and Mohan Singh son of Mihan Singh, residents of Village Katt, PS Behra, Distt SBS Nagar that they were threatening his family members and enquiry was marked to Station House Officer, Behram, Distt SBS Nagar on 07.07.2010 and in that connection, notice was issued to Crl. Misc. No. M-20536 of 2010 -3- petitioner No. 1 for 14.7.2010. After making enquiries from petitioner No. 1 it was found that the allegations are totally false and concocted. It has further been stated that the allegations regarding sheltering Jarnail Singh by the police officials at the behest of respondent No. 6 to 16 are totally false and concocted. Jarnail Singh has already been arrested and is undergoing sentence imposed upon him in the Central Jail, Ludhiana. The allegations regarding providing shelter to Jarnail Singh is wrong and false. Reply has been filed by respondent Nos. 3 and 5 to the same affect. In view of the reply filed by the respondents that they are not harassing the petitioners, the petition stands disposed of as no further orders are required for. (RITU BAHRI) JUDGE March 31, 2011 G.Arora