Bhagwan Singh And Another v. State Of Punjab And Others
CRWP-8565-2025
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BHAGWAN SINGH AND ANOTHER
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The present petition has been filed for seeking directions to respondents No. 1 to 7 to protect the life and liberty of the petitioners which is claimed to be endangered at the behest of private respondents No. 8 to 21. It is alleged that the father of petitioner No.1 was brutally murdered by the private respondents and private respondents are still threatening the petitioners.
2.
Pursuant to the order dated 07.08.2025 passed by this Court, a status report by way of an affidavit of Gursewak Singh, PPS, Deputy Superintendent of Police, Sub Division Jalalabad already stands filed on behalf of respondents No. 1 to 4. The relevant extract of the same reads thus:
"That it is respectfully submitted that the brief facts of the case are as under:- i) That the deceased Bara Singh was father of petitioner no. 1 and grandfather of petitioner no. 2. The private respondents 8 to 12 are brothers of petitioner no.1 i.e. sons of Bara Singh and all other private respondents are family members and relatives of Deceased Bara Singh. Both the parties were having dispute regarding the share in the land so owned by deceased Bara Singh.
ii) Detail of Civil Suit:-That it is respectfully submitted that a civil suit titled as "Balkaran Singh & others Vs Tarlok Singh & others" regarding the above said land dispute, is also pending between the parties before the court of Tehsildar Cum AC-I for correction of Khasra Girdawriand same is fixed for 01.12.2025. iii) PREVENTIVE MEASURES TAKEN BY POLICE: That due to above said dispute, an application no. 287-Local dated 09.05.
2025 was moved by deceased Bara Singh son of Sher Singh against Tarlok Singh son of Bara Singh, Rajeev Rai son of Tarlok Singh, Paramjit Kaur wife of Santokh Singh, Diwan Singh son of Bara Singh, Lovepreet Singh son of Diwan Singh, Goga Rani wife of Surinder Singh all residents of Village Jhugge Jawahar Singh Wale, Surinder Singh son of Bara Singh, R/o Chak Mojdin Wala regarding land dispute between them and another application no. 338-Local dated 27.05.2025 was moved by Surinder Singh son of Bara Singh against Bhagwan Singh, Bara Singh, Balveer Kaur etc. regarding land dispute and due to apprehension of fight between these parties, police party got initiated proceedings under section 126/169 BNSS and prepared Kalandra against both sides of parties and presented the same before the Hon'ble court of Magistrate and in this regard, GD No.
027 dated 04.07.2025 and GD No. 028 dated 04.07.2025 was entered in rojnamcha respectively.
6. (i) That it is respectfully submitted that an information regarding the death of Bara Singh was received at police station Vairo Ke upon which a GD/ Rapat No. 014 was entered on 20.07.2025 on the basis of statement of Durgo Bai widow of Bara
+ Singh, wherein she stated that her marriage was performed with Bara Singh about 57/58 years back and out of their wedlock seven children were born i.e. 06 boys and 01 girl and all are married. About 04/05 months back, her husband Bara Singh shifted from Village Chak Mojdin Wala @ Soori and started residing with his son Bhagwan Singh at Village Jhugge Jawahar Singh Wala. On dated 19.07.2025 at about 08:00 PM he went to his fields where he was found died in room located in fields i.e. tubewell connection room. When her son Surinder Singh i.e. respondent no. 8 and Tarlok Singh i.e. respondent no. 9 and respectable persons of village came to know about his death, they took his dead body to their house. They are under apprehension about the death of her husband as he was died naturally or due to some reasons.
ii) That on the basis of above said statement/ information, the police party visited the spot and conducted inquest proceedings u/s 194 BNSS during which FORM No. L-25-35 was prepared and also recorded the statement of witnesses i.e. Tarlok Singh (son of Bara Singh) respondent no.9, Sulakhan Singh(son of Bara Singh) i.e. respondent no. 12, and recorded joint statement of respectable persons of locality and dead body of deceased Bara Singh was sent to Civil Hospital for conducting Post-Mortem.
(iii) That thereafter Post-Mortem of deceased Bara Singh was conducted by the doctors of Civil Hospital, Fazilka vide MLR No. SKS/15/PMR/2025/FZK and doctor gave opinion that "Final Cause of Death will be given after receiving of chemical analysis Report from FSL Kharar and histopathological examination report from Guru Gobind Singh Medical College Faridkot"
(iv) That on dated 30.07.2025, viscera/samples of deceased Bara Singh were sent to Chemical Examiner, Kharar vide Road No. 290/21 dated 28.07.2025 and final report of same is yet to be received.
7.
That it is respectfully submitted that to protect the life and liberty and for the purpose of maintaining peace between both
, parties, as preventive measures the police party got initiated proceedings under section 126/169 BNSS and prepared Kalandra against both sides of parties and presented the same before the Hon'ble court of Magistrate. It is also to add here that appropriate proceedings will be initiated after receiving of chemical analysis report and opinion of doctors which is yet to be received." 3.
It is evident from the perusal of the above that the police has taken preventive measures and has also verified about the alleged threats extended to the petitioner and it is reported that no threats were given to the petitioner or member of his family.
4.
In view of the circumstances, no further directions are required to be issued by this Court. The present petition is accordingly disposed of at this stage as having been rendered infructous. It is however clarified that in the event of the petitioner presenting any material before the official respondents about continuation of threats to his life and liberty from the private respondents, the official respondents shall take appropriate action in accordance with law.
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