Vijay Kumar v. State Of Punjab And Others

2023:PHHC:057222

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-2188-2023 (O&M) Decided on : 24.04.2023 Vijay Kumar . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Gurpal Singh Sandhu, Advocate for the petitioner. Mr. Anmol Singh Sandhu, AAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) 1.

Petitioner- Vijay Kumar, aged 60 years, has filed the present petition for seeking direction to protect his life and liberty from the hands of respondents No. 4 to 7 as he apprehended false implication in some offence under NDPS Act.

2.

Learned counsel for the petitioner submits that petitioner in fact is an RTI Activist and many times he is involved in working as whistle blower against the injustice being done to the people in the society by the police. Under the garb of registration of some criminal case against one Paramjit Singh son of Kashmir Singh, at police station Sadar Sri Muktsar Sahib, police has been raiding the house of the petitioner unnecessarily, without there being any substance. Thus, petitioner alleges undue influence and harassment at the hands of police officials. 3.

On the other hand, Mr. Anmol Singh Sandhu, AAG, Punjab, refers to the status report dated 19.04.2023, which is already available on record of the case and submits that in case FIR No. 14 dated 28.01.2023 under Sections 295-A, 380 and 34 IPC, registered at Police Station Sadar Sri Muktsar Sahib, one Paramjit Singh s/o Kashmir Singh and another person are the accused. On receiving of information that said Paramjit Singh is RIYA 2023.04.24 16:03 I attest to the accuracy and integrity of this document

CRWP-2188-2023 (O&M) -22023:PHHC:057222 hiding in the house of the petitioner and in order to arrest the accused, the police team headed by respondent No. 7-Inspector Jagsir Singh, had raided the house of the petitioner vide DDR No. 25 dated 18.02.2023. Said facts have been categorically detailed in paragraph No. 4 of the status report dated 19.04.2023.

4.

On being asked by this Court, learned State counsel after seeking necessary instructions from ASI Kulwant Singh, who is present in the Court, submits that as on date petitioner is not required to be arrested in any criminal case by the police of District Sri Muktsar Sahib. Even said submission is corroborated by the contents mentioned in paragraph No. 6 of the said status report, which says as under:- "6.

That no application/complaint or FIR is pending before the police of District Sri Muktsar Sahib and the petitioner is not required by the police in any case."

5.

Faced with this situation, learned counsel for the petitioner seeks withdrawal of the present petition.

6.

In view of the request made here above, present petition stands disposed of being withdrawn.

7.

However, it will be open for the petitioner to seek the legal remedy available to him, in case, he feels harassment from the District Police of Sri Muktsar Sahib without any substantial reasons. 8.

Disposed of, with liberty as aforementioned. (SANJAY VASHISTH) JUDGE 24.04.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.04.24 16:03 I attest to the accuracy and integrity of this document