Punjab-Haryana High Court
Jai Pal Singh And Another vs State Of Haryana And Others on 25 November, 2013
Author: Rekha Mittal
Bench: Rekha Mittal
CRM-M-28416-2011 1
IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH
CRM-M-28416-2011
Date of decision : 25.11.2013
Jai Pal Singh and another
... Petitioners
Versus
State of Haryana and others
... Respondents
CORAM: HON'BLE MRS. JUSTICE REKHA MITTAL
Present: None for the petitioners.
Mr.Anupam Sharma, AAG, Haryana
for respondents No.1 to 4.
REKHA MITTAL, J.(ORAL)
The instant petition under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners for issuance of directions to the official respondents to protect their life, liberty as well as property.
The plea of the petitioners is that house of the petitioners was forcibly locked by the private respondents. Their household chattels were thrown out of the house and they are not permitted to enter their agricultural land and cultivate the same since 2008. Another plea of the petitioners is that they are receiving threats from the respondents not to enter the village, otherwise they would be done to death.
Sumit Kumar, D.S.P. (Headquarter), Rohtak filed reply on behalf of respondents No.1 to 4 (official respondents) and in turn denied averments in the petition with the plea that the petitioners are still residing in their house in village Ismaila (9B). They are taking care of agriculture land and managing all the affairs. The Sarpanch of the village namely Davinder Kumar 2013.12.03 17:35 I attest to the accuracy and integrity of this document CRM-M-28416-2011 2 Bhoop Singh, Ex-Sarpanch Sunil Kumar presently member of Zila Parishad had given in writing that the petitioners are residing in village Ismaila and no one is interfering in their family life. It has been pointed out that FIR No.87 dated 25.09.2009 was registered against the petitioners, Sheela, their maternal aunt and Naveen Kumar son of petitioners in Police Station, Civil Line, Rohtak for offence under Sections 341, 506, 34 IPC. Another FIR bearing No.214 dated 01.09.2008 under Section 364 IPC was registered against Naveen Kumar son of the petitioners for kidnapping Ravinder son of Satbir. The private respondents namely Dalbir, Angrej, Satbir Singh and Sat Pal @ Kala are the witnesses in FIR No.214 in which the son of the petitioners has been convicted and sentenced to imprisonment for life.
The petitioners initially engaged Mr.Rajbir Sehrawat, Advocate. Later, on two occasions petitioner No.1 appeared in person. Thereafter, they engaged one Rakesh Dhiman Advocate. Mr.Rakesh Dhiman, Advocate withdrew his power of attorney and he was replaced by Mr.N.L.Sharma, Advocate. Counsel for the petitioners failed to appear and make submissions.
In view of reply filed by the officials respondents, I do not think it to be a fit case wherein the petitioners deserve indulgence of this Court for issuance of any direction in exercise of extra ordinary jurisdiction under Section 482 of the Code.
Disposed of accordingly.
(REKHA MITTAL) JUDGE November 25, 2013.
Davinder Kumar Davinder Kumar 2013.12.03 17:35 I attest to the accuracy and integrity of this document