Amarjit Kaur And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-13015 of 2016(O&M) Date of Decision: April 22, 2016 Amarjit Kaur and another

...Petitioners

VERSUS

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.Parvez Chugh, Advocate for the petitioners.

**** INDERJIT SINGH, J.

Petitioners have filed this petition under Section 482 Cr.P.C. against State of Punjab and other respondents for issuance of directions to the official respondents to provide adequate security and protect the life and liberty of the petitioners as there is grave threat of loss of life and limb to the petitioners at the hands of private respondents and also for directing the official respondents to initiate appropriate criminal proceedings against the private respondents for having given life threats to the petitioners. I have heard learned counsel for the petitioner and have gone through the record.

From the record, I find that there is civil dispute between the parties and civil suit filed by Amarjit Kaur against Soma Rani, Khazan Singh, Sham Singh and Kailash Rani has already been VINEET GULATI 2016.05.09 16:35 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-13015 of 2016 -2decided by the civil Court as per Annexure P-1. Annexure P-2 is the representation given to the SSP Fazilka by Amarjit Kaur petitioner. As per record, Soma Rani is the Sarpanch of the village and there is allegation that petitioners had opposed Soma Rani in the last Panchayat elections. There is dispute regarding the land. The fact whether the plot is panchayat land or not, has already been decided in favour of the petitioners as argued. There is only general allegation that private respondents are giving threat to the petitioners. No DDR has been placed on the record regarding any occurrence. No injuries have ever been caused. There is nothing that the private respondents, which are 11 in number, have caused any injury to the present petitioners.

From the record, it looks that the dispute is regarding the plot regarding which civil case has been decided by the civil Court and the appeal is pending, as argued. As per the allegations in the representation, on 03.03.2016, the private respondents gave kick blows and pushes to the petitioners when they were working in the fields.

In view of the above, I do not find any material on record to provide security to the petitioners. There is no serious threat to the life and liberty of the petitioners and the dispute is only regarding the property.

Therefore, finding no merit in the present petition, the same is dismissed.

April 22, 2016 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2016.05.09 16:35 I attest to the accuracy and authenticity of this document Chandigarh