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High CourtsSingle Bench(2011) 05 P&H CK 0140

Anil Kumar vs State of Haryana and Others

Punjab And Haryana At Chandigarh · Decided on 26 May 2011

HON’BLE JUDGES
Kanwaljit Singh Ahluwalia, J
CASE NUMBER
Criminal Miscellaneous No. M-16556 of 2011 (O and M)

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Judgment

10 paragraphs · 344 words

Kanwaljit Singh Ahluwalia, J.—In the present petition filed u/s 482 Code of Criminal Procedure following three prayers have been made:

(a) That the case arising out of FIR No. 189 dated 18.05.2011 registered at Police Station Sadar Fatehabad under Sections 148, 149, 323, 379, 452 and 506 IPC be got investigated through an independent agency;

(b) That life of the Petitioner be protected as he apprehends imminent danger at the hands of Respondents No. 6 to 16; and

(c) That the official Respondents be directed to ensure that the Petitioner is able to operate his patrol pump without any interference of the private Respondents.

2.

Issue notice of motion to Respondents No. 1 to 5 only. On the asking of Court, Mr. Sandeep Singh Mann, Senior Deputy Advocate General, Haryana, accepts notice on their behalf. A copy of the petition has been supplied to him and he has gone through the contents of the same.

3.

The first prayer made by the Petitioner cannot be entertained at this stage, especially when the FIR has been registered only on 18th May, 2011. It is too early in the day to consider this prayer.

4.

So far as the second prayer regarding threat to the life of the Petitioner is concerned, Respondent No. 5 SHO, Police Station Sadar Fatehabad is directed to assess threat perception to the Petitioner and if required, ensure necessary vigil that no harm is caused to his life.

5.

With regard to the last prayer that the private Respondents be restrained from interfering into the smooth operation of the patrol pump of Petitioner, this Court is of the view that the Petitioner, if so advised, may approach the Civil Court for seeking necessary injunction as this prayer cannot be answered by the Criminal Court, especially while exercising jurisdiction u/s 482 Code of Criminal Procedure.

6.

With the observations made above, present petition is disposed of.

7.

A copy of this order, duly attested by the Special Secretary of this Court, be supplied to counsel for the State for onward transmission and compliance.