Gurdev Singh And Another v. State Of Punjab And Others

2023:PHHC:075495

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-4633-2023 (O&M) Decided on : 24.05.2023 Gurdev Singh and another . . . Petitioner(s)

Versus

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

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Amrit Pal Singh Gill, Advocate for the petitioner. Mr. J.S. Arora, DAG, Punjab.

**** SANJAY VASHISTH, J. (Oral) Order dated 12.05.2023 passed by this Court says as under: "Present:

Mr. Amritpal Singh Gill, Advocate for the petitioner(s).

**** 1.

Petitioner No.1- Gurdev Singh, aged 62 years and petitioner No.2-Balwinder Kaur, aged 59 years, have filed instant petition for seeking directions for protection of their lives and liberty, which is at danger at the hands of respondents No.3 & 4, who are none else but the police officials. 2.

Counsel for the petitioners submits that for an incident dated 20.01.2023, son of petitoners namely Manpreet Singh is an accused in FIR No.32 dated 21.04.2023 under Sections 307, 323, 452, 384, 506,34 IPC registered at Police Station Badali Ala Singh, District Fatehgarh Sahib. In fact, police is unable to do proper investigation and thus, son of petitioners cannot be arrested. To terrorise and pressurize the petitioners, respondents No.3 & 4 have been raiding the house in late night and have taken away petitioner No.1-Gurdev Singh to the Police Station by making him to sit there whole night.

3.

Counsel for the petitioners further submits that raiding the house of petitioners is also recorded in the CCTV cameras installed at the residence of the petitioner. However, to wipe out the evidence, respondents No.3 & 4 have taken away the DVR from the said camera forcibly. Even the tractor parked outside the residence of the petitioner has also been taken away by the respondents No.3 & 4. Said tractor is presently parked in the premises of police station.

4.

About the high-handedness of police officials, already one representation dated 22.04.2023 (Annexure P-2) has been submitted by petitioner No.2 to Senior Superintendent of Police, Fatehgarh Sahib, but no heed is being paid. 5.

Notice of motion.

RIYA 2023.05.24 17:27 I attest to the accuracy and integrity of this document

CRWP-4633-2023 (O&M) -22023:PHHC:075495 6.

On asking of Court, Mr. Anmol Singh Sandhu, AAG, Punjab, who is present in Court, accepts notice on behalf of respondents No.1 to 2(State) and seeks time to file status report.

Let requisite copies of complete paper-book be supplied to learned State counsel, during course of the day. 7.

Respondents No.3 & 4 would also be apprised about the next date of hearing fixed before this Court by the office of respondent No.2- Senior Superintendent of Police, Fatehgarh Sahib.

8.

Adjourned to 24.05.2023."

Mr. Amrit Pal Singh, counsel for the petitioners submits that Mandeep Singh, who is son of the petitioner has been arrested by the police, in the FIR already registered against him.

Further submits that since the son of the petitioner has already been arrested, for the time being, he does not press the present petition. In view of the submission made by the counsel for the petitioners, present petition stands disposed of being not pressed, at this stage.

(SANJAY VASHISTH) JUDGE 24.05.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.05.24 17:27 I attest to the accuracy and integrity of this document