Gurmukh Singh And ANR. v. State Of Punjab And ORS.

CRM-M-29342-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-29342-2015 (O&M).

Decided on: August 31, 2015.

Gurmukh Singh and another .. Petitioner(s)

VERSUS

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

CORAM:

HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.Vivek Salathia, Advocate, for the petitioners.

M.M.S. BEDI, J. (ORAL) Petitioner No.1 had lodged an FIR of assault bearing FIR No.149 under Sections 326, 324 and 323/34 IPC, dated 27.6.2014, registered at Police Station, Bhikhiwind, District Tarn Taran. A cross version has also been presented by respondent No.4. The said cross-version was found to be false, as such, no action was taken on the basis of the enquiry conducted.

Through the instant petition, petitioners seek a direction to the State authorities to proceed against respondent No.4 under Section 182 IPC. Since the application Annexure P2, has been submitted to SHO, Police Station Bhikhiwind and it is the subjective satisfaction of the police authorities to launch proceedings under Section 182 IPC, I do not deem it appropriate in the circumstances of the present case where the dispute is amongst real brothers, to issue a direction for launching prosecution under Section 182 IPC.

CRM-M-29342-2015 (O&M) Counsel for the petitioners, at this stage, submits that life and liberty of the petitioners may be protected at the hands of respondents No.4.

No representation seeking protection of life and liberty has been submitted before the police authorities. This petition is disposed of as pre-mature for such purpose with liberty to the petitioners to move an application for protection of life and liberty in case there is any imminent threat to their life and liberty to safeguard their constitutional rights. (M.M.S.BEDI) JUDGE August 31, 2015.

rka RAJ KUMAR ARORA 2015.09.02 12:50 I attest to the accuracy and integrity of this document