CWP No.4641 of 2008 [1]
THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Civil Writ Petition No.4641 of 2008
Date of Decision: 04 - 09- 2008
Inder Singh and another ....Petitioners
v.
State of Punjab and others ....Respondents
CORAM: HON'BLE MR.JUSTICE HEMANT GUPTA
HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Ms.D.S.Pheruman, Advocate
for the petitioners.
Mr.A.S.Jattana,Addl.A.G., Punjab
for respondents No.1 to 4.
Mr.Naveen Batra, Advocate
for respondent No.5.
***
KANWALJIT SINGH AHLUWALIA, J.
Present petition has been filed by Inder Singh who claims
himself to be Mukh Sewadar of Dargah Hajarat Peer Baba Ali Mohammed
Sheikh, Amritsar and Paramjit Singh son of Baba Inder Singh. They have
invoked the jurisdiction of this Court under Article 226 of the Constitution
praying for issuance of a writ of mandamus calling upon Senior
Superintendent of Police, Amritsar and Station House Officer, Police
Station Sultanwind (Dobourji), Amritsar to register a case against the newly
impleaded respondent Upkar Singh Sandhu and Devinder Singh Dhillon
CWP No.4641 of 2008 [2]
along with other un-identified persons who had allegedly assaulted the
petitioners and ransacked their residential/religious place by tress passing
into the same.
Notice of motion was issued by this Court. During the course
of arguments, reliance has also been placed on Annexure P-4, complaint
submitted to Senior Superintendent of Police, Amritsar on 13.12.2007.
Petitioner No.1 had earlier filed Civil Writ Petition No.54233 of 2007 in
which a direction was issued to Senior Superintendent of Police, Amritsar to
dispose off the representation Annexure P-4. Photographs have also been
annexed to show that kacha boundary wall has been ran sacked. A perusal
of Annexure P-16 reveals that petitioners have preferred Civil Misc. Appeal
against the orders of the Civil Judge (Junior Division), Amritsar who has
refused to grant ad-interim injunction in their favour.
Deputy Superintendent of Police, Jandiala Guru Sub Division,
District Amritsar has filed reply on behalf of Senior Superintendent of
Police, Amritsar and Station House Officer, Police Station Sultanwind,
Amritsar – respondents No.2 and 3. In the reply, it has been stated that
enquiry was conducted by the Deputy Superintendent of Police and
allegations were found to be false and there is no apprehension of danger to
the life and liberty of the petitioners. It has been also stated that petitioners
have encroached upon (occupied illegally) the land owned by Upkar Singh
Sandhu.
We have heard learned counsel for the parties.
The dispute between the parties is pending before the Civil
Court. Ad-interim injunction has been refused, against which appeal has
been filed. The allegations levelled in the petition have been denied by the
CWP No.4641 of 2008 [3]
Deputy Superintendent of Police, who has filed reply on behalf of Senior
Superintendent of Police and Station House Officer of the concerned police
station.
In the present petition allegations have also been levelled that
respondents No.5 and 6 have committed offence under the Scheduled Castes
& Scheduled Tribes (Prevention of Atrocities) Act, 1989. In the reply,
Deputy Superintendent of Police has submitted that there was no violation
of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act,
1989.
Disputed questions of fact cannot be entertained in the present
petition. Concerned Deputy Superintendent of Police is emphatic that there
is no threat to the life and property of the petitioners. Petitioners have
alternative remedy to invoke jurisdiction of the concerned Judicial
Magistrate by filing a criminal complaint invoking Section 156(3) Cr.P.C.
Under Section 36 Cr.P.C. petitioners can also approach the higher
authorities. In view of the alternative efficacious remedy available to the
petitioners, no direction as prayed for, can be issued by this Court.
Hence, there is no merit in the present petition and the same is
dismissed.
( HEMANT GUPTA ) ( KANWALJIT SINGH AHLUWALIA )
JUDGE JUDGE
September 04, 2008.
RC