Punjab-Haryana High Court
Hakam Chand @ Hakim Chand vs State Of Punjab And Ors on 16 May, 2019
Author: Shekher Dhawan
Bench: Shekher Dhawan
In the High Court of Punjab and Haryana, at Chandigarh
Criminal Misc. No. M-19381 of 2018
Date of Decision: 16.05.2019
Hakam Chand alias Hakim Chand
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
CORAM: Hon'ble Mr. Justice Shekher Dhawan.
Present: Ms. Arti, Advocate
for the petitioner(s).
Mr. Rajat Bansal, Assistant Advocate
General, Punjab for respondents No.1 to 4.
Mr. C.M.Munjal, Advocate
for respondents No.5 & 6.
Shekher Dhawan, J.
Present petition under Section 482 Cr.P.C. for issuance of directions to respondents No.2 to 4 to arrest the accused in cross case on the basis of DDR No. 28 dated 23.10.2017, registered under Sections 452, 323, 324, 506, 148 & 149 IPC (Sections 448 & 380 IPC were added lateron) at Police Station Guru Harsahai, District Ferozepur.
As per petitioner, he along with his family are residing peacefully in village Bajeke, Tehsil Guru Harsahai, District Ferozepur. One of his sons is 90% disabled and suffering from polio disease. Petitioner and his elder son are working as Submersible Motor Repair Mechanics. He owned five marlas of land on which a shop had already been constructed. Now the family of petitioner has started construction work to build their 1 of 4 ::: Downloaded on - 23-06-2019 01:13:35 ::: Criminal Misc. No. M-19381 of 2018 2 house on the said five marlas plot. This plot is adjoining the newly built villa of respondent No.5-Kashmir Singh, who is Ex-Sarpanch of the village and close to the congress M.L.A. Respondents No.5 & 6 were harassing the petitioner and wanted to grab his small land.
On 12.10.2017, when the petitioner was working on the plot, his daughter-in-law was brutally injured and other members of his family also got injuries. Respondents No.5 & 6 along with musclemen grabbed all the construction material, motors and all other articles from the shop of the petitioner. They had also given beatings to his handicapped son; looted the construction and other material amounting to Rs.15,00,000/-; also ran JCB machine on the plot of the petitioner and broken all the construction material. However, despite doing all that, respondents No. 5 & 6, in connivance with the police and other political persons, lodged FIR against the petitioner and his family members. Petitioner's complaint was registered after ten days of the incident as a cross-case. The police is not taking any action despite seven months having been passed and as such present petition before this Court.
Learned counsel for respondents contended that present case is based on revenue record. As per the revenue record and investigation having been done in this case, land in question belongs to respondents No.5 & 6 where petitioner wants to raise some construction. Tehsildar, Guru Harsahai had conducted the demarcation of the property in dispute and as such, present petition be dismissed.
Having considered the submissions made by learned counsel for the parties and appraisal of the record of the case and as per short affidavit, 2 of 4 ::: Downloaded on - 23-06-2019 01:13:36 ::: Criminal Misc. No. M-19381 of 2018 3 filed by Gurjit Singh, Deputy Superintendent of Police, Guru Har Sahai dated 18.03.2019, an application was filed before the Tehsildar by the Station House Officer, Police Station Guru Har Sahai on 21.08.2018. At that time, the application was returned by the Tehsildar with the objection that property in question is situated in the joint khewat and due to jointness, demarcation cannot be conducted and a copy thereof is Annexure R1/T on the file. However, reports submitted by Patwari, Kanungo and Tehsildar are as under:-
"Respected sir, It is respectfully submitted that the record of Patwari Halqua of the above said khasra number has been examined. The above said khevat is undivided and belongs to all. Due to this reason, the demarcation cannot be done. The applicant should get the partition first. Thereafter, demarcation can be done. So that the orders be complied carefully. Report is submitted.
Sd/- Patwari Sd/- Kanugo Dated 27.08.2018 No. 242/r/II dated 27.8.18 It is written to the SHO by sending this report that as pr the report of above said Kanugo the record has been conducted. There is joint khata as per letter. Khevat belongs to all, due to this reason, the demarcation cannot be done. Report of Kanugo mentioned in letters.
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The case of petitioner is also to the extent that khasra No. 33//25, as per jamabandi for the year 2014-15 of village Bajeke bearing khewat No. 515/489 and khatauni Nos. 676, 677, 678 & 679, petitioner is a co-sharer. As per petitioner, his father had constructed shop in the said land and he is running his business there and electricity connection is also in his name. The said shop has been illegally demolished by respondents No. 5 &
6. In the light of above facts, present petition stands accepted. The respondent-State is directed to take the required action on DDR No. 28 dated 23.10.2017, registered under Sections 452, 323, 324, 506, 148 & 149 IPC (Sections 448 & 380 IPC were added lateron) lodged by the petitioner.
(Shekher Dhawan) Judge May 16, 2019 "DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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