Paramjit Bhalla v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Date of decision: 15.09.2023 Paramjit Bhalla ....Petitioner V/s State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA

Present:

Mr. Atul Goyal, Advocate for the petitioner.

Mr. Dhruv Dayal, Additional A.G., Punjab.

***** ARUN MONGA, J. (Oral) Petition herein, inter alia, is for issuance of directions to respondents No.2 and 3 to protect the life and liberty of the petitioner at the hands of private respondents No.5 and 6.

2.

Learned counsel for the petitioner submits that petitioner is 68-year old lady. She is being harassed by respondents No.5 and 6 as they filed false and frivolous complaints against the petitioner, all of which have been consigned to the record room after due enquiry. However, respondent No.5 i.e. Gautam Garg is again threatening and blackmailing the petitioner to involve her in some false case. 3.

He further submits that respondents No.5 and 6 had executed an agreement to sell with the petitioner for purchase of 4 plots and earnest money was paid. However, despite fixation of target dates in the respective agreements for execution of sale deeds, respondents No. 5 and 6 did not come forward for execution of the sale deeds in their favour as they did not have sufficient funds to pay the balance amount. Petitioner duly informed them that in case, if they do not come forward for registration of sale deeds, then earnest money paid by them shall stand forfeited.

4.

Thereafter, false complaint was filed by respondents No.5 and 6 against the petitioner. An enquiry in the said matter was conducted by ADCP-

Zone 3, Ludhiana and vide report dated 03.06.2023, it was concluded that in respective agreements, respondents No.5 and 6 never came forward, on the target date for execution of sale deeds, as they never marked themselves present before sub-Registrar, Ludhiana and now 1 year and 07 months have passed since execution of agreement to sell and hence the matter is purely civil in nature, no action is required to be taken. Said report was also approved by Commissioner of Police, Ludhiana on 08.06.2023.

5.

Dissatisfied with the said report, respondents No.5 and 6 again moved different applications for re-inquiry, which were marked to ACP EO Wing, Ludhiana and it is a matter of record and complaints were recommended to be consigned to the record room once again.

6.

In fact, different agreement to sell for different lands were executed. However both respondents No.5 and 6 never came for execution/registration of sale deeds in any of the agreements and as many as 8 different complaints were filed by them and all of them have been consigned to the record room by concluding the inquiry. Now private respondents are threatening the petitioner that they will get an FIR registered against her. Respondents No.5 and 6 are leaving no stone unturned in order to harass and falsely implicate the petitioner and her family members in some cases. Threatening calls were also received by the petitioner from respondents No.5 and 6. In this regard, petitioner submitted representations dated 04.09.2023 (Annexure P-4 and P-5) before respondents No.2 and 3, but to no avail. Hence, the instant petition. 7.

On advance service of copy of petition, learned State counsel appears and strenuously opposes the instant petition. He submits that he has no instructions in this regard as Investigating Officer has not come present in this case.

8.

Heard.

9.

Petition is disposed of with a direction to respondents No.3 and 4 i.e. Commissioner of Police, Ludhiana and Additional Deputy Commissioner of Police, Zone-3, Ludhiana, respectively that the contents of the representation dated 04.09.2023 (Annexure P-4) seeking protection of life and liberty be duly verified. If warranted, requisite steps be taken, in accordance with law for protection of life and liberty of the petitioner.

10.

Present petition stands disposed of.

11.

Pending application(s), if any, shall also stand disposed of. 15.09.2023 (ARUN MONGA) vandana JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No