Punjab-Haryana High Court
Chanan Dass vs State Of Haryana And Others on 25 July, 2013
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Crl.M.No.M-23552 of 2013(O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl.M.No.M-23552 of 2013(O&M)
Date of Decision: July 25, 2013
Chanan Dass .....Petitioner
v.
State of Haryana and others
......Respondents
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Atul Lakhanpal, Sr.Advocate with
Mr.R.S.Chahal, Advocate
for the petitioner.
.....
RAM CHAND GUPTA, J.(Oral)
The present petition filed under Section 482 Cr.P.C. is for issuance of direction to respondents no.1 to 3 to initiate action on representation dated 22.4.2013, Annexure P7, against respondent no.4 in accordance with law.
I have heard learned senior counsel for the petitioner and have gone through the whole record carefully.
Briefly stated, litigation is going on between petitioner and respondent no.4 and FIR No.240 dated 22.5.2012 under Sections 147, 149, 323, 342, 427, 506 IPC was registered against the petitioner and the others at Police Station City Fatehabad at the instance of respondent no.4, in which petitioner and some other accused are on bail. Wife of petitioner had also filed a civil suit for permanent injunction against respondent no.4 for restraining them from interfering in peaceful possession, which is still pending, and in which order for maintaining status quo qua possession was also passed. Another FIR No.279 dated 15.6.2012 under Sections 323, 427, 420 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, has been lodged at Police Station City Fatehabad on the allegations that petitioner alongwith Pawan Kumar and others had abused them in the name of their cast and caused them injuries. Proceedings under Sections 145/146 Cr.P.C. were also initiated against the Meenu petitioner. Even proceedings under Sections 107/151 Cr.P.C. were also 2013.07.26 12:56 I attest to the accuracy and integrity of this document chandigarh Crl.M.No.M-23552 of 2013(O&M) -2- initiated against the petitioner.
It has been contended by learned counsel for the petitioner that respondent no.4 is sitting in Dharna in front of Mini Secretariat, Fatehabad, just to put pressure on the administration and that no action is being taken by the administration against him. Further contends that he has already given representation to Deputy Commissioner, District Fatehabad, Annexure P7, and, however, no action has been taken against respondent no.4.
However, a careful perusal of representation, Annexure P7, shows that petitioner has requested Deputy Commissioner, Fatehabad, that respondent no.4 be arrested for offences of blackmailing the administration and the Government threatening to commit suicide, disturbing peace and tranquility in the area after conducting investigation against him .
However, so far as this matter is concerned, petitioner is having no locus standi to approach this Court for issuing direction to administration to take action against respondent no.4, who is sitting in Dharna before the Mini Secretariat, Fatehabad, for redressal of his grievances whatsoever. Already civil and criminal proceedings are pending between the parties.
Hence, in view of these facts, there is no merit in the present petition and the same is hereby, dismissed.
25.7.2013 (Ram Chand Gupta)
meenu Judge
Meenu
2013.07.26 12:56
I attest to the accuracy and
integrity of this document
chandigarh