IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.9853 of 2008 Date of Decision: 31.07.2009 Kulwinder Singh Petitioner Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.P.S.Brar, Advocate for the petitioner Mr.Manohar Lall, Additional Advocate General, Punjab ….. Jasbir Singh, J.(Oral) By filing this writ petition, the petitioner prays that a writ of mandamus be issued, directing respondent Nos.1 to 3 to register a criminal case against respondent Nos.4 to 8, for beating and torturing the petitioner, Harpreet Singh, Navdeep Singh, Jatinder Singh@ Jinder and Simarjit Singh, on 1.5.2008. To support his contention, reference has been made to medico legal report dated 2.5.2008, regarding the petitioner and others, named above. It is further contention of the petitioner that on account of political rivalry, petitioner and others, named above, were falsely implicated in FIR No.104 dated 2.5.2008 under Sections 61/1/14 of the Punjab Excise Act, 1914. Petitioner further submits that his mother was to file nomination paper, to contest election in Zila Parishad. False case was foisted upon the petitioner and his supporters, to prevent them from canvassing for his mother during election and on account of their arrest, his mother could not file her nomination paper. By stating his grievance, the petitioner immediately sent a complaint to the State Election Commissioner on Civil Writ Petition No.9853 of 2008 5.5.2008, which was sent to the Election Observer for the Constituency, in question, to conduct an enquiry. It is also stated that aggrieved by action of the SHO of Police Station, Khanna, the petitioner sent a representation to DIG, Ludhiana Range at Ludhania, copies of which were also sent to Senior Superintendent of Police, Khanna and Chief Minister, Punjab. However, nothing was done by the respondents. In reply, it has been stated that on a complaint filed by the petitioner, an enquiry was conducted by SP City Ludhiana, but the petitioner failed to depose anything before that officer, the enquiry was filed. Record reveals that the petitioner, when summoned, simply stated that his matter is pending in the High Court and he will abide by the decision taken by the Court in his writ petition. In view of facts mentioned above, this Court feels that as per facts of this case, especially medical examination of the petitioner and others, on 2.5.2008, showing injuries on their person, matter needs investigation. Accordingly, directions are issued to Senior Superintendent of Police, Khanna, to conduct an enquiry, either himself or through some senior police officer, not below rank of a Superintendent of Police, in which, opportunity of hearing be given to the petitioner and others, named in this writ petition. Needful be done within a period of three months from the date of receipt of a copy of this order. After enquiry, if need be, necessary action be taken against the guilty, otherwise, to the contrary, if nothing is found against the private respondents, copy of the enquiry be supplied to the petitioner. This writ petition stands disposed of. 31.7.2009 (Jasbir Singh) gk Judge 2 Civil Writ Petition No.9853 of 2008 3