Abraham John v. State Of Punjab And Others

2023:PHHC:104139 CRM-M-31957-2022 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-35736, 44075, 46491 & 48329-2022 IN/AND CRM-M-31957-2022 (O&M) Date of Decision: 10.08.2023 Abraham John ...... Petitioner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE RAJBIR SEHRAWAT Present :

Mr. Abraham John, petitioner in person.

Mr. Sandeep, Additional Advocate General, Punjab, for respondents No.1 to 3 and 5 to 14.

Mr. Aman Pal, Advocate, for the respondent-PSPCL.

***** RAJBIR SEHRAWAT, J. (ORAL) 1.

The present petition under Section 482 of the Code of Criminal Procedure has been filed for issuance of directions to the official respondents to register an FIR under Sections 295-A, 307, 326 and 120-B of the Indian Penal Code, 1860, against respondents No.15 to 43; along with several other prayers.

2.

At the outset, the petitioner was offered the assistance of the legal aid counsel. However, he has refused to accept the same. Therefore, this Court has to decide the matter as per the submissions of the petitioner himself.

3.

However, the petitioner himself has also not addressed any argument except to buttress upon the earlier interim order passed by this VIRENDRA SINGH ADHIKARI 2023.08.11 18:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh

2023:PHHC:104139 CRM-M-31957-2022 (O&M) -2Court regarding the protection granted to the petitioner, and the same not being complied with by the police.

4.

On the other hand, learned counsel for the State has filed affidavit dated 16.06.2022 of Dr. Kaustubh Sharma (IPS), Commissioner of Police, Ludhiana, in which the details of investigation into the allegations levelled by the petitioner have been given. That investigation/inquiry has been conducted through the Special Investigation Team (SIT) comprising of senior officers. The said affidavit has categorically states that the petitioner had not provided any material to the SIT to substantiate his allegations. 5.

Moreover, the petitioner has also informed this Court that he has filed some petitions before the High Court of Delhi, though, no specific details have been pointed out.

6.

In view of the facts and circumstances of the case, the pleadings in the petition being based on disputed facts, as well as, the nature of the prayer made therein, this Court does not find it appropriate to interfere in the matter, at this stage. Hence, the present petition, along with all accompanying applications, is dismissed.

7.

However, the petitioner would be at liberty to avail any other alternate remedy, in accordance with law.

(RAJBIR SEHRAWAT) JUDGE 10.08.2023 adhikari Whether speaking/reasoned Yes/No Whether Reportable Yes/No VIRENDRA SINGH ADHIKARI 2023.08.11 18:04 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court at Chandigarh