Manoj Aggarwal And Another v. State Of Punjab And Others

In the High Court for the States of Punjab and Haryana At Chandigarh Date of Decision:-28.8.2024 Manoj Aggarwal and another ... Petitioners

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Aayush Gupta, Advocate for the petitioners. Mr. Siddharth Attri, AAG, Punjab.

***** GURVINDER SINGH GILL, J.(Oral) 1.

The petitioners seek issuance of directions to the police authorities not to conduct multiple inquiries in the same matter, which has already been inquired into and filed by the competent authority. 2.

Learned counsel representing the petitioners submitted that it is a dispute between four sisters (daughters of Shri Sham Lal Aggarwal) i.e. respondents No.6 to 9 and petitioner No.1, who had been adopted by Shri Sham Lal Aggarwal father of respondents No.6 to 9.

3.

Learned counsel for the petitioners submitted that the property left by Shri Sham Lal Aggarwal was inherited by his widow, who executed a WILL in favour of petitioner No.2 - Divyanshu Aggarwal but the same did not go down well with the four sisters i.e. respondents No.6 to 9, who had earlier

( 2 ) submitted a complaint dated 17.8.2023 (Annexure P-3) to the police. It has further been submitted that the aforesaid complaint was duly inquired into by the police, wherein the following conclusion was drawn: "Conclusion Report:- From the above facts that came out during the investigation, it was found that the will adted 6.10.16 has been challenged by the complainant party in the Hon'ble Court, which is under consideration in the Hon'ble Court for 25.9.23. As the matter is already under hearing in the Hon'ble Court, therefore, no action should be taken by the local police at this stage. Recommendation:- It is recommended that attached complaint should be consigned to record room."

4.

Learned counsel for the petitioners submitted that after the aforesaid complaint was consigned a fresh complaint has been filed and on the basis of which the petitioners are again being summoned to the police station. It has been submitted that the aforesaid conduct amounts to holding multiple inquiries with respect to the same subject matter, which has been depricated by this Court in various judgments and is against the spirit of law and is nothing but a tool to harass the petitioners. 5.

Having heard learned counsel for the petitioners, the instant petition is disposed of with a direction to respondent No.3 - Commissioner of Police, Ludhiana, District Ludhiana to look into the matter and to dispose of the representation dated 1.8.2024 (Annexure P-7) expeditiously in accordance with law and to ensure that the petitioners are not unnecessarily called to the police station time and again and are not made to sit there through out the day. In case, any information is to be elicited from the petitioners, then it be ensured that they are called for a short period and not unnecessarily harassed

( 3 ) and also that any such inquiry is concluded at the earliest in the shortest possible time.

6.

A copy of this order and copy of representation dated 1.8.2024 (Annexure P7) be sent to respondent No.3 - Commissioner of Police, Ludhiana, District Ludhiana for necessary compliance.

28.8.2024 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No