Dismissed

Luckhy Ali v. State of Punjab & Ors.

Punjab & Haryana HC4 Jun 2014CRM-M/19959/2014

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition seeking protection against threats by a police constable regarding property possession and alleged assault, the Court held that inherent jurisdiction does not extend to executing civil decrees. The Court refused to issue directions, directing the petitioner to file appropriate criminal complaints with police or exercise powers under Section 156(3) Cr.P.C.

What did the court decide?

The criminal miscellaneous petition was disposed of with no direction issued; petitioner directed to avail other remedies under law.

Luckhy Ali Vs State of Punjab & Ors. — Civil Procedure and Limitation | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-19959 of 2014 Date of decision: 04.06.2014

Luckhy Ali

..... Petitioner

Versus

State of Punjab and others

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..... Respondents

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CORAM: HON'BLE MR. JUSTICE S.S. SARON

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Present: Mr. Simarjeet Singh, Advocate for the petitioner.

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S.S. SARON, J.

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The petition has been filed for directing the respondents No.1 to 4 to provide protection of life and liberty to the petitioner and his family members from respondent No.5, who is a Head Constable in the Punjab Police at Sangrur and he be restrained from threatening the life of the petitioner. A further direction is prayed to be issued to hold an independent inquiry in respect of the allegations made in the petition and the complaints made to several police and other authorities (Annexures P-3 and P-4), which are representations to Deputy Chief Minister, Punjab and their copies are stated to have been sent to police authorities. A further prayer

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Anju 2014.06.07 12:45 I attest to the accuracy and integrity of this document

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CRM No.M-19959 of 2014

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has been made to take necessary legal action against respondent No.5, who is illegally using his powers against the petitioner. One such inquiry has already been made but no action has been taken.

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The petitioner resides in a Dargah which was gifted to his father by one Gian Kaur. The Dargah is registered in the name of the petitioner. Respondent No.5 it is alleged wants to dispossess the petitioner. It may be noticed that the father of the petitioner filed a civil suit for permanent injunction against five persons including Avtar Singh, respondent No.5 herein. The suit of the petitioner was decreed in his favour vide judgment and decree dated 24.04.1999 (Annexure P-1) passed by the learned Additional Civil Judge (Sr. Divn.), Sangrur. The petitioner had become owner in possession of the disputed property and defendants it was held had no right to dispossess him from the land. The defendants have been restrained from interfering in the peaceful possession of the plaintiff. Therefore, in case there is breach of the decree or respondent No.5, who was a defendant in the said civil suit seeks to interfere in the possession of the plaintiff, the petitioner has a remedy in terms of Order 21 Rule 32 of the Code of Civil Procedure. This Court in exercise of its inherent jurisdiction under Section 482 of the Code of Criminal Procedure (Cr.P.C. - for short) is not to execute the decree of a Civil Court.

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It may also be noticed that the petitioner had filed a

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Anju 2014.06.07 12:45 I attest to the accuracy and integrity of this document

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CRM No.M-19959 of 2014

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complaint against various persons including respondent No.5 for the offences under Sections 323, 324, 307 etc. Indian Penal Code (IPC – for short). The learned Chief Judicial Magistrate, Sangrur has vide order dated 03.07.2012, summoned the accused for the offences under Sections 323, 324, 452, 506, 295, and 295-A IPC. The petitioner has also alleged that respondent No.5 beat the father of the petitioner, when the petitioner and his family were standing outside the Dera on 30.12.2013; besides, respondent No.5 gave blows to the petitioner in his stomach and threatened him on the Patiala Bypass Road on 15.03.2014. Again on 25.05.2014, it is alleged that respondent No.5 repeatedly slapped the petitioner.

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In respect of the said incidents, the petitioner may seek remedy by filing necessary complaints with the police or file complaints before the concerned Illaqa Magistrate. There is no material in the present petition to substantiate the allegations that have made. The petitioner has a remedy of lodging a FIR in case a cognizable offence is made out. In case the FIR is not registered the petitioner has a remedy of filing an application under Section 156(3) Cr.P.C. before the Illaqa Magistrate in the light of the judgment of the Hon'ble Supreme Court in Sakiri Vasu Vs. State of U.P. And others,

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2008(1) (Criminal), 392 (SC) wherein it has been inter alia held that the Magistrate can order police to register FIR in exercise of power

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Anju 2014.06.07 12:45 I attest to the accuracy and integrity of this document

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CRM No.M-19959 of 2014

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under Section 156(3) Cr.P.C.

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In the circumstances, no ground is made out for issuance of any direction and the petitioner may in the first instance avail other remedies in accordance with law.

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The criminal miscellaneous petition is disposed of accordingly.

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(S.S. SARON) JUDGE

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04.06.2014 anju

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Anju 2014.06.07 12:45 I attest to the accuracy and integrity of this document

Luckhy Ali v. State of Punjab & Ors.

Case brief

What is this about?

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Luckhy Ali v. State of Punjab & Ors.

Case brief

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