High Court of Punjab and HaryanaCRM-M/26779/2021disposed of

Sikander Singh v. State Of Punjab And ORS

2021-07-14Mr. Justice Jasgurpreet Singh Puri3 pages

THROUGH VIDEO CONFERENCE

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRM-M-26779-2021 (O&M).

Decided on: July 14, 2021.

Sikandar Singh .. Petitioner

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Mr.Harinder Pal Singh Ishar, Advocate, for the petitioner.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Section 482 Cr.P.C. for issuance of directions to respondent Nos.1 to 4 to take appropriate legal action on the complaint dated 4.3.2021 (Annexure P-2) and legal notice dated 9.4.2021 (Annexure P-3) in accordance with law. Learned counsel for the petitioner has submitted that it is a case where the private respondents called the petitioner to their house and the turban of the petitioner was removed and the petitioner was also called bad names pertaining to his caste. He has submitted that since a cognizable

offence has been committed by the private respondents, he informed the SHO, Police Station, Bhindi Saidan vide Annexure P-2 but no action has been taken against the private respondents. Learned counsel has further referred to Annexure P-3 which is a legal notice dated 9.4.2021 given by the petitioner to the Director General of Police, Punjab Police Headquarters, Chandigarh, Deputy Commissioner, District Amritsar as well as the Senior Superintendent of Police, Amritsar Rural, District Amritsar, Punjab, but till date no action has been taken by anybody. He has submitted that the matter was serious in nature and the police was under a duty to at least consider the complainant as well as the legal notice filed by the petitioner, in accordance with law.

Notice of motion to respondent Nos.1 to 4 only. Mr.Randhir Singh Thind, DAG, Punjab, accepts notice on behalf of the aforesaid respondents and states that he has no objection in case the complainant as well as legal notice Annexures P-2 and P-3 respectively are directed to be considered in accordance with law. I have heard the learned counsel for the parties. In view of the facts and circumstances of the present case, I am satisfied that reply from the State at this stage is not required. The scope of the present petition is confined only to non-consideration of the complaint as well as legal notice of the petitioner by the police authorities. Therefore, in the interest of justice, it is deemed just and proper to direct respondent No.3 - the Senior Superintendent of Police, Amritsar Rural, District Amritsar, Punjab, to consider the

representation/complaint (Annexure P-2) as well as legal notice (Annexure P-3) filed by the petitioner and if so required to take further action in accordance with law.

The needful be done within a period of four weeks from the receipt of copy of this order.

Disposed of accordingly.

July 14, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No