Rattan Chand v. State Of Punjab Etc.

CWP No.12737 of 2018 [ 1 ] *****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.12737 of 2018 Date of decision:May 18, 2018 Rattan Chand

...Petitioner

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. V.B.Aggarwal, Advocate, for the petitioner.

***** Rakesh Kumar Jain, J.

The petitioner has prayed for the issuance of a writ in the nature of mandamus seeking a direction to the respondents to protect life and liberty of the petitioner and his family members and to stop fake action and illegal harassment.

It is submitted that the petitioner is a SMS service provider and respondent no.7 is allegedly creating monopoly in the said trade. The petitioner and his family members, being apprehensive of the danger to their life and liberty at the hands of respondent no.7, made a representation on 17.08.2017 to respondent no.4 for seeking protection. Since the said representation was not decided by the SSP, Fatehgarh Sahib, therefore, the petitioner filed Crl. Misc. No.M-33358 of 2017, having recourse to the provisions of Section 482 of the Code of Criminal Procedure, 1973. The said petition was disposed of by this Court on 08.09.2017 with a direction to the SSP, Fatehgarh Sahib to look into the matter and if required, to take action Vinod Kumar 2018.05.22 14:47 I attest to the accuracy and integrity of this document

CWP No.12737 of 2018 [ 2 ] ***** expeditiously, in accordance with law. Since no action was taken, as directed, the petitioner filed COCP No.3714 of 2017, which is now fixed for 10.07.2018 after issuance of notice of motion.

The petitioner has again filed a representation on the ground that after the notice was issued in the contempt proceedings, since the petitioner and his family members have been threatened with fake involvement in some criminal case, therefore, he has filed an application to the Director General of Police, Punjab, on 14.05.2018 but no reply has been received and has, thus, filed the present petition.

After hearing learned counsel for the petitioner and examining the available record, I am of the considered opinion that there is no merit in the present petition as the petitioner is already before this Court in COCP No.3714 of 2017, in which though the notice has been issued for 10.07.2018 but the petitioner may still file an application for seeking pre-ponement of the date of hearing in the said petition by referring to the subsequent events, which allegedly had taken place after the issuance of notice of motion in the contempt proceedings.

With these observations, the present petition is hereby dismissed. May 18, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned :

Yes/No Whether reportable :

Yes/No