Kashmir Singh vs State Of Punjab And Others on 6 July, 2009

              IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH


                                        Civil Writ Petition No.9618 of 2009
                                              Date of Decision: 06.07.2009

Kashmir Singh
                                                                    Petitioner
                                    Versus
State of Punjab and others
                                                                  Respondents

CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH

Present:      Mr.Gurinder Singh Gill, Advocate for the petitioner
                         .....

Jasbir Singh, J.(Oral)

Notice of motion.

At the asking of the Court, Mr.A.K.Sharma, Additional

Advocate General, Punjab accepts notice.

In view of order, which this Court is going to pass, it is not

necessary to get counter affidavit of the official respondents.

This writ petition has been filed by the petitioner with a prayer

that directions be issued to respondent Nos.1 to 3 to take action against the

erring officials, who, despite complaint made by the petitioner, failed to take

action against the persons, whose names found mentioned in DDR No.28

dated 12.6.2009.

It is allegation of the petitioner that the persons, named in the

DDR, committed criminal tress-pass and other criminal offences on

12.6.2009, the police officials (respondent Nos.5 and 6) arrested them,

however, subsequent thereto, under political pressure, they were released

from custody. Except recording DDR, no further action has been taken by

the police.

Civil Writ Petition No.9618 of 2009 2

During arguments, it transpires that by stating his grievance,

the petitioner has already sent representations Annexures P2 and P3 to the

Director General of Police, Punjab and SSP Kapurthala respectively, which

are still pending undecided.

In view of facts mentioned above, this writ petition is disposed

of by issuing directions to SSP Kapurthala to take note and decide

representation filed by the petitioner. Before taking any action, an

opportunity of hearing be also granted to the opposite party. If any criminal

case is made out against the individuals, named in the DDR, necessary FIR

be recorded, as per law. Needful be done within a period of three weeks

from the date of receipt of a copy of this order.

Copy of the order be supplied to the State counsel under

signatures of the Court Reader, for compliance.

06.07.2009                                   (Jasbir Singh)
gk                                               Judge