AJAI LAMBA,J - (1.) THIS is a petition under Section 482 Cr.P.C. seeking directions to respondent Nos. 1 to 5 i.e. official respondents, for registering FIR against respondent Nos. 6 to 15, alleged accused, under Sections 427, 447, 448, 452, 379, 380, 506/ 120 -B IPC.
(2.) THE case set up by the petitioner is that he is a non resident Indian from England and is a senior citizen. He purchased land measuring 56 kanals vide sale deed registered on 3.11.2003 from Harbhajan Singh. The wife of Harbhajan Singh, namely Surinder Kaur and his son Surjit Singh were not happy with the action of Harbhajan Singh in selling the land. The petitioner had sown wheat crop. It was harvesting time when on 18.4.2004, a telephone call was received that the wheat crop was being cut by certain persons. The petitioner went to the spot. The other witnesses to the incident are stated to be Swaran Singh, Satnam Singh and Major Singh. It is the case of the petitioner that respondent Nos. 6 to 15 were found armed with deadly weapons and they cut the crop per force and removed the wheat thereby committing the offences as alleged. Since cognizable offences had been committed, therefore, the petitioner in accordance with law, sent a complaint dated 19.4.2004, Annexure P -1, to the Senior Superintendent of Police, Nawanshahar, with a copy to the Station House Officer, Police Station, Sadar, Nawanshahar. No action thereupon was taken and therefore, another complaint was made vide Annexure P -2 which is dated 24.4.2004 to the Director General of Police and the Additional Director General of Police, Crime Branch, reflecting the facts given in the earlier application/complaint, Annexure P -1. Alongwith the complaint, Annexure P -2, sale deed was attached to prima facie establish the title and possession of the petitioner. The petitioner has also placed on record the sale deed, Annexure P -3, in which there is a clear recital to the effect that the possession of the land was delivered to the vendee i.e. the petitioner.
(3.) LEARNED counsel for the petitioner so as to show that his title stands established, has drawn my attention towards various cases on civil side traded between the parties. Annexure P -4 is a civil suit titled 'Surjit Singh v. Mohinder Singh and Harbhajan Singh' for permanent injunction to restrain the defendants from interfering in the possession of the plaintiff. Vide Order dated 27.5.2004, the Civil Court while dealing with interim application for injunction, found possession over the land as that of petitioner, Mohinder Singh. Accordingly, the injunction application moved on behalf of Surjit Singh was dismissed.;