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2016 DIGILAW 1452 (PNJ)

Rajdeep Kaur v. State of Punjab

2016-05-19

HARI PAL VERMA

body2016
JUDGMENT : Hari Pal Verma, J. Prayer in this petition filed under Section 482 CrPC is for issuance of directions to respondents no.1 to 3 to protect the life and liberty of the petitioners, as the private respondents no.4 to 6 with the help of private respondents no.7 to 9 and the police personnel, are interfering in the life and liberty of the petitioners. A further prayer has been made that respondents no.1 to 3 and 7 to 9 be ordered to refrain from registering any false case against the petitioners at the instance of respondents no.4 to 6. Learned counsel for the petitioners has argued that the petitioners have serious apprehension that they may be caused some physical and mental harm or they may be implicated in some serious criminal offences. Therefore, protection be provided to them. The petitioners have already appeared before Senior Superintendent of Police, Rural Jalandhar and have submitted their representation in this regard, but the same has not been entertained. I have heard learned counsel for the petitioners. A perusal of the record shows that the petitioners had filed a civil suit for grant of decree of permanent injunction restraining the defendants-respondents no.4 to 6 from interfering in the peaceful, lawful and exclusive possession of their property. The petitioner no.2, on the basis of statements made by respondents no.4 to 6, had withdrawn the suit from the Court of Civil Judge (Junior Division), Nakodar on 11.9.2015. The very basis of filing the representation (Annexure P-7) is that there is civil dispute between the parties and they have not reconciled their respective statements made before the Civil Court on 11.9.2015. The dispute referred to in the representation (Annexure P-7) reads as under:- “That the abovesaid persons have tried many a time to take the possession of our land which falls on the north side of the constructed road and have given false complaints at different police stations and have filed false cases in the courts against me and my family and are compelling me to sell my land which falls on the north side of the constructed road by politically pressurizing me and threatening me through different persons.” The allegations, as referred in the representation (Annexure P-7), shows that the matter is purely of civil nature, but the petitioners intend to give it a colour of criminal dispute. Except bald apprehensions to their property, there is nothing on record for this Court to entertain this petition and to issue the direction, as prayed. In this view of the matter, this Court does not find any merit in this petition. Dismissed.