Mandeep Sharma v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:- 8.2.2023 Mandeep Sharma

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Tajinder Pal Singh Makkar, Advocate for the petitioner. Mr. Luvinder Sofat, DAG, Punjab.

Mr. Fatehjeet Singh, Advocate for respondent No. 5. ***** GURVINDER SINGH GILL, J .

1. The petitioner seeks issuance of a direction to be issued to respondents No. 2 and 3 so as to protect the life and liberty of the petitioner as well as of other members of his family as they apprehend threat to the same at the hands of respondents No. 4 and 5.

2. While respondent no. 5 is stated to be father-in-law of the petitioner and is stated to be serving Police Department, respondent no. 4 is son of respondent no. 5.

3. It is the case of the petitioner that the petitioner is being forced to compromise the matter arising out of FIR No. 325 dated 3.11.2020, Police Station City Kapurthala, District Kapurthala which had been lodged by the petitioner's father against respondent no. 4 and others.

4. Notice of motion had been issued to respondents no. 2 and 5 only.

5. The State has, however, filed its reply dated 30.11.2021 on behalf of respondents No. 1 to 3. A separate reply has been filed on behalf of respondent No. 5.

6. Para 5 of the preliminary objections reads as follows :- "That it is respectfully submitted that Navjot Singh @ Mani Baba was arrested on 04.11.2020 and was granted regular bail by the Ld. Additional Sessions Judge, Kapurthala vide order dated 14.12.2020 and Accused Karan Lahoria was arrested on 10.06.2021 and was granted regular bail by the Ld. Additional Sessions Judge, Kapurthala vide order dated 24.06.2021. It is relevant to mention here that the accused namely 1. Sahil @ Sau Gill, 2. Narinder Singh, 3. Jassa have not been arrested till date and their P.O. proceedings has already been initiated. The challan/final report in the FIR No. 325 (supra) has not been presented yet and the same will be presented after completion of investigation."

7. It is further stated in the said reply that subsequently Navjot Singh also registered FIR No. 278 dated 3.9.2021 at Police Station City Kapurthala, District Kapurthala against the petitioner Mandeep Sharma and others. It is further stated therein that the matter pertaining to FIR lodged by the petitioner's father i.e. FIR No. 325 dated 3.11.2020, P.S. City Kapurthala has been inquired into and that there is nothing on record to suggest that the petitioner or other members of his family are being harassed by respondents No. 4 and 5.

8. Respondent No. 5 has filed a separate reply by way of his affidavit wherein it has been deposed that he is serving as a Home Guard in Punjab Police and that there never have been any allegation of misconduct during long tenure of his service and that the allegations, as levelled in the petition, are false

and he had never visited the house of the petitioner and that had never threatened him or had pressurized him to compromise the case.

9. Having heard learned counsel for the petitioner and the learned State counsel and having gone through the replies filed on behalf of the respondents, this Court does not find any ground to issue any kind of directions to the respondents at this stage.

10. The petition, as such, is dismissed. However, in case the petitioner nurses any apprehension as regards threat to his life and liberty at a later stage, it shall be open to him to approach this Court again. 8.2.2023 (Gurvinder Singh Gill) kamal Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No