KASHMIR SINGH Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was posted as Station House Officer, Incharge of Police Station City, Ambala while ASI Rajender Singh was posted as Incharge, Police Post No.1, Ambala City. FIR No.216 dated 21.5.2012 under Sections 148, 149, 323, 380, 447, 506, 511 IPC was registered in Police Station Ambala City. The complainant was one Jameela wife of Mohammad Sadiq. She alleged that she has purchased a plot measuring 100 square yards from Tejbir Singh for a sum of Rs.55,000/-. She had paid a sum of Rs.10,000/- as earnest money in cash under an agreement of sale.

(2.) The balance amount was to be paid in easy instalments of Rs.500/- per month. She had paid the instalments and had taken possession of the plot.

(3.) She constructed 3 rooms, bath room and courtyard and was residing there since 2004. She alleged that the petitioner summoned her husband to the Police Station in the presence of one Anil, Ashok etc. and threatened him that the land does not belongs to her but is in the ownership of Anil, Ashok etc. He was asked to vacate the premises, otherwise, he would throw out his belongings. On 20.5.2012, the accused party came to her house on vehicles and tried to evict them and to put a lock in her house. When she protested, a JCB machine was brought and her household goods were thrown out by Anil, Ashok etc. and the injuries were inflicted on her family members. The petitioner was accused of for not protecting her property and had the police intervened, the incident could have been avoided.