Kaptan Singh vs State Of Haryana And Others

Gurvinder Singh Gill, J

The petitioner seeks issuance of directions to the official respondents to protect his life and liberty as well as of other members of his family as they apprehend threat to the same at the hands of respondents No.6 to 11.

Learned counsel for the petitioner submitted that the petitioner had highlighted the corruption by police on various occasions and had lodged various complaints and FIRs against police officials & also against Sarpanch of the village, who is also conniving with the police, and on account of which the police is against him and is trying to cause harm to the petitioner as well as to other members of his family and has been issuing threats to them.

Notice of motion.

At this stage, Mr. Munish Sharma, DAG, Haryana, upon whom an advance copy of petition had already been served, accepts notice on behalf of the respondent – State.

Learned State counsel informed that one FIR has been lodged against the petitioner under provisions of Section 153 of Indian Penal Code and Section 3 of SC/ST Act and had previously also been involved in one more case.

Having heard learned counsel for the petitioner, but without commenting anything as regards veracity of averments made in the petition, the instant petition is disposed of with a direction to respondent No.4 – Superintendent of Police, District Karnal to look into the matter and to get the representation dated 19.2.2024 (Annexure P-3) examined to the limited extent of the alleged threat perception of the petitioner as well as of other members of his family. In case, it is found that there is any genuine threat to the life and liberty of the petitioner and other members of his family, then necessary steps as warranted under law be taken thereupon at the earliest so as to ensure that no harm is caused to the petitioner or to other members of his family.

It is, however, clarified that the aforesaid order shall not confer any immunity upon the petitioner, in case it is found that he has committed any wrong and is not to be treated as any kind of “stay” in case any criminal proceedings have been lodged against the petitioner.

A copy of this order alongwith copy of representation dated 19.2.2024 (Annexure P-3) be conveyed to respondent No.4 – Superintendent of Police, District Karnal for necessary compliance.