Gurinder Singh v. Union Territory Chandigarh And Others

CRM-M-15232 of 2022 (O&M) #1#

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-15232 of 2022 (O&M) Date of Decision: 27.04.2022 Gurinder Singh ......Petitioner

Versus

Union Territory, Chandigarh and Ors.

.....Respondents CORAM: HON'BLE MR. JUSTICE HARINDER SINGH SIDHU

Present:

Mr. Vijay Lath, Advocate for the petitioner.

Mr. Y.S. Rathore, APP for UT, Chd assisted by Mr. Yuvraj Singh Rathore, Advocate.

HARINDER SINGH SIDHU, J Crl.M.No.15287 of 2022 Prayer in the instant application filed under Section 482 Cr.P.C is for impleadment of SSP, SAS Nagar and the SHO, P.S City Kharar as party respondent Nos.5 & 6.

It is stated that for proper adjudication of the case, both of them may be impleaded as party respondents.

For the reasons stated in the application, which is supported by an affidavit, the same is allowed. The Sr. Superintendent of Police, SAS Nagar (Mohali) as well as SHO, Police Station City Kharar are impleaded as party respondent Nos.5 & 6.

Amended memo of parties is taken on record.

Main case Petitioner is residing with his mother at House No.73, Shivalik Estate, Sector 127, Chhaju Majra, Tehsil Kharar, District SAS Nagar, Mohali. It is stated that there is a matrimonial dispute between the parents of the petitioner. It is alleged that on 21.02.2022 between 11.00 p.m to 12.00 p.m., father of the petitioner accompanied by some persons, who claimed themselves to be officials of Police station, Sector 19, UT Chandigarh reached the house of the petitioner in a private vehicle. The gate of the house was locked, therefore, three persons by climbing the wall from the adjoining house entered the residential house of mother of MANOJ KUMAR 2022.05.07 16:55 I attest to the accuracy and integrity of this document

CRM-M-15232 of 2022 (O&M) #2# petitioner with a motive to get it vacated. They beat the petitioner as well as his mother and tried to oust both of them from the residential house. As the petitioner and his mother raised an alarm, the inhabitants of the locality gathered there. The police of SAS Mohali were informed through helpline No.112. The inhabitants also gave detailed complaint of the incident to the police of Police Station, Kharar. The persons who had forcibly entered the house of the complainant were taken to the police station but later let off. The entire incident was recorded by the inhabitants in their mobiles. It was also recorded in the CCTV installed nearby. All this has been detailed in the complaint (P.1) and submitted to the police of Police Station, Kharar, however, no action has been taken thereon. The petitioner apprehends that his father Devender Singh with the help of the police would again try to forcibly dispossess him and his mother from the house. Notice of motion.

Mr. B.S. Sewak, Addl.AG, Punjab has accepted notice on behalf of respondent Nos.5 & 6.

Without commenting upon the merits of the case or opining on the veracity of the allegations contained in the representation, this petition is disposed of with a direction to respondent No. 5 to look into the complaint (Annexure P.1) and take appropriate action, in accordance with law. April 27, 2022 (Harinder Singh Sidhu) manoj Judge Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No MANOJ KUMAR 2022.05.07 16:55 I attest to the accuracy and integrity of this document