CWP No.1259 of 2009 -: 1 :-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
CWP No.1259 of 2009
Date of decision: January 27, 2009.
Yadwinder Singh
...Petitioner(s)
v.
State of Punjab & Anr.
...Respondent(s)
CORAM:HON'BLE MR. JUSTICE SURYA KANT
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: Shri K.S. Boparai, Advocate for the petitioner.
ORDER
Surya Kant, J. – (Oral):
The petitioner seeks a mandamus to direct the State authorities
to protect his life and liberty.
The petitioner has come up with the allegations that he was
forcibly picked up by respondents No.4 & 5, who are senior police officers,
at the instance of respondent No.6 and was compelled to append his
signatures on some blank stamp-papers, purchased from one Mrs. Sidhu, a
stamp-vendor of Kharar, on 9.12.2008. It is also claimed that a compromise
deed, dated 8.10.2008, has also been got signed from the petitioner, which is
lying with the private respondents. In order to lend credence to his story,
the petitioner is stated to have sent representations to the Director General
CWP No.1259 of 2009 -: 2 :-
of Police, Punjab and the Senior Superintendent of Police at Mohali on
10.12.2008 by way of a registered post. Reliance has also been placed upon
two affidavits – one by Darshan Singh s/o Sohan Singh and the other by
Inderjit Singh s/o Gurnam Singh – wherein it is claimed that the petitioner
was forcibly picked up by the police authorities.
Having heard Learned Counsel for the Petitioner, I am of the
considered view that no opinion can be formed in relation to the
genuineness of the sweeping and wild allegations levelled by the petitioner.
At the same time, keeping in view the fact that the petitioner is stated to
have represented to the higher police authorities, I am of the considered
view that the police authorities are obligated to take cognizance of his
complaint.
Consequently, and without expressing any opinion on merits of
the petitioner’s complaint, this petition is disposed of with a direction to the
Senior Superintendent of Police, Mohali to take cognizance of the
petitioner’s claim and take appropriate action in accordance with law, if so
required, within a period of two months.
January 27, 2009. [ Surya Kant ] kadyan Judge