Ravinder Singh v. State Of Punjab And Others

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 18.05.2023 Ravinder Singh . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Parunjeet Singh, Advocate for the petitioner(s).

Mr. Anmol Singh Sandhu, AAG, Punjab.

Mr. Ankur Ghai, Advocate for respondent No.5.

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

After hearing counsel for the petitioner, on 18th April, 2023, following order was passed:- "1.

Counsel for the petitioner submits that petitioner - Ravinder Singh, aged 28 years, has filed a criminal complaint bearing No.COMA/86840/2022, under Section 138 of the Negotiable Instruments Act, 1881, against respondent No.5, who has been summoned by the Court to face trial. Thereupon, petitioner has been receiving notices from the office of the Superintendent of Police, Ludhiana Rural (Headquarter) Jagraon (respondent No.2). 2.

In fact, petitioner is being harassed by respondent No.5 in collusion with the police unnecessarily, because, as and when petitioner visited the police station in response to the notices dated 28.03.2023 (P-5), and 10.04.2023 (P-7). He was made to sit there in the police station unnecessarily. Therefore, by way of said false complaint(s), petitioner is being pressurized to withdraw his complaint.

3.

Notice of motion for 18.05.2023.

4.

On the asking of the Court, Mr. Anmol Singh Sandhu,

- 2 - AAG, Punjab, who is present in the Court, accepts notice on behalf of respondents No.1 to 4 (State), and seeks some time to get instruction in that regard.

5.

Let requisite copies of the complete paper book be supplied to learned State counsel during course of the day. 6.

State is directed to file requisite affidavit in the matter on or before the next date of hearing."

2.

In compliance of the order dated 18.04.2023, of this Court, learned State counsel has filed reply dated 16.05.2023, by way of affidavit of Superintendent of Police (HQ), Ludhiana (Rural), on behalf of respondents No.1 to 4, in Court today, which is taken on record, subject to all just exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

3.

Learned State counsel refers to paragraph Nos. 8 & 9 of the aforesaid reply, which says as under:- "8.

That after completion of enquiry, the SP (Hq.) Ludhiana (Rural) has submitted his enquiry report vide letter no. 1035 dated 25-04-2023 to the SSP Ludhiana (Rural). The enquiry report reveals that the petitioner has filed one complaint under section 138 N. I. Act against respondent no. 5 in the Court which is pending. The petitioner has also filed a civil suit against the petitioner and others for getting possession of her house. So both the cases are pending in courts. No action is required to be taken by the police. The enquiry officer recommended to consign the applications of respondent no. 5. The SSP Ludhiana (Rural) approved this enquiry report and consigned the applications of respondent no. 5 Paramjit Kaur.

9.

That the police officials have summoned the petitioner to clarify his position regarding allegations leveled by the respondent no. 5 against him in her applications. The petitioner is not harassed by any police officer/official. The petitioner has leveled false

- 3 - allegations on the police officers/officials. In these circumstances it is prayed that the present petition may kindly be dismissed." 4.

Learned counsel for the petitioner submits that in view of the stand taken by the official respondents in the aforesaid reply, more specific in paragraphs No.8 & 9, nothing much survives in the present petition at this stage, and same may be disposed of, as not pressed. 5.

In view of the statement made by counsel for the petitioner, present petition stands disposed of, as not pressed. (SANJAY VASHISTH) JUDGE May 18, 2023 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No