High CourtsSingle Bench(2016) 06 P&H CK 0094

Rajwinder Singh And Ors vs State Of Punjab And Ors

Punjab And Haryana At Chandigarh · Decided on 1 June 2016

HON’BLE JUDGES
Rajan Gupta, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 31881 Of 2015 (O&M)

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Judgment

5 paragraphs · 567 words

This is an application filed by applicant/respondents No.10, 12 to 15 & 19 seeking to place on record order, passed by TDSAT, New Delhi on 1.3.2016 and order dated 12.5.2016, passed by the Hon'ble Supreme Court. Application is allowed as prayed for. Said documents are taken on record as Annexures P-7 & P-8 respectively. Registry to page mark the paper book accordingly.

This is an application for placing on record additional affidavit of petitioner No.1, wherein he has alleged that he is being harassed at the hands of the police. According to him, certain raids have been conducted and he is being forced him to withdraw the instant petition. Application is supported by an affidavit. Relevant part thereof reads as under:-

"2. That the police of Talwandi Sabo is also harassing the petitioner No.1 and his brothers and on 26.05.2016 at about 10:39 AM HC Surjit Singh of Police Station Talwandi Sabo has made phone call from his mobile No.97805-01026 to the mobile no.98727-78385 of the petitioner No.1 Rajwinder Singh and asked him to come alongwith his brothers to the Police Station immediately as there is a complaint against him, on which the petitioner No.1 has told him that he has gone outside and will come back at about 04:00 PM. Thereafter, at 03.53 PM HC Surjit Singh again made phone call from the above said mobile number and then after few minutes HC Surjit Singh along with one another police official came to the office of respondent no.1 at Dikh Mohalla, Talwandi Sabo, in a white swift car and forcibly picked up the petitioner No.1 and took him to Police Station Talwandi Sabo in the above said swift car, and in the Police Station SHO Talwandi Sabo has threatened and abused the petitioner No.1 and said that you have cut the cable wire of Sandeep Singh who is cable operator of Fastway Company and the SHO further threatened that if the petitioner no.1 will not withdraw the case from the High Court, then he will mend the petitioner no.1. Thereafter, the petitioner was detained in a room in the Police Station and in the evening at about 06.30 PM he was released on the intervention of the respectable persons of the area and he was asked to come on the next day i.e. 27.05.2016 at 10:00 AM in the Police Station along with his brothers. The petitioner no.1 has given/sent a complaint/ representation dated 27.05.2016, on 27.05.2016 in this regard to the DGP, Punjab, through speed post. The true translated copy of the said complaint dated 27.05.2016 is annexed herewith as ANNEXURE P-27/T. It is pertinent to mention here that the above said incident of HC Surjit Singh along with one more police official coming to the office of respondent no.1 in white swift car and taking him away to Police Station in the above said swift car, has been video recorded in the CCTV camera installed in the office of petitioner no.1 and the photographs of the above said CCTV footage recorded at about 04:00 PM on 25.05.2016 are annexed herewith as ANNEXURE P-28.

Mr. Aggarwal, learned Advocate General, Punjab, however, submits that notice of this application is yet to be issued. Reply shall be filed after examining the averments made in the application. Notice of this application is, thus, issued to State of Punjab for 20.7.2016.

To be shown in the urgent cause list.