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5. Learned State counsel on the basis of the status report dated 20.08.2024 filed by way of an affidavit of Sh. Deepak Rai, PPS, Deputy Superintendent of Police, Sub-Division Payal, Police District Khanna, District Ludhiana on behalf of respondents No.1 to 3 has stated that:-

(i) An FIR No.78 dated 25.06.2024, under Sections 323, 324, 506, 148 & 149 IPC was registered at Police Station Doraha against unknown persons on the basis of the statement of the complainant-Karamjit and on the other hand, cross-case vide DDR No.23 dated 25.06.2024 was registered under Sections 323, 324, 506, 148 & 149 IPC (Section 118(2) of BNS added later on) at Police Station Doraha against the petitioner-Gurjit Dass @ Gurjit Singh, Kamaljit Dass son of Gurjit Dass and Sandeep Kaur wife of Gurjit Dass on the basis of the statement of Bijay Singh.

13. Apart from this, it is also apparent that there was a dispute between both parties and consequently, on the basis of the complaint moved by the complainant-Karamjit FIR No.78 dated 25.06.2024, under Sections 323, 324, 506, 148 & 149 IPC was registered at Police Station Doraha and a cross-case vide DDR No.23 dated 25.06.2024 under Sections 323, 324, 506, 148 & 149 IPC (Section 118(2) of BNS added later on) was registered on the basis of the statement of Bijay Singh. Thus, when a cognizable offence has been committed by certain villagers and the police had registered the FIR for the substantive offence against the certain villagers, it was inappropriate on the part of the police to initiate proceedings under Section 145 Cr.P.C. on the ground that there was apprehension of breach of peace in the village. In fact, both the parties were already availing there remedies before the Civil 13 of 14 Neutral Citation No:=2024:PHHC:132041 Court and had lodged FIR/complaint against each other with regard to the cognizable offences and it was inappropriate on the part of the police to initiate the proceedings under Section 145 Cr.P.C.