HARI SINGH MANN Vs. HARBHAJAN SINGH BAJWA

JUDGEMENT

(1.) Leave granted.

(2.) Respondent No. 1 who is a practising Advocate filed a petition under S. 482 of the Code of Criminal Procedure in the High Court of Punjab and Haryana with prayers :

(3.) In his petition the respondent No. 1 contended that he was conducting several civil/criminal cases filed by M/s. Falcon Breeders Pviate Limited as well as the Directors against the appellant and respondent No. 8. It was alleged that with a motive to compel the respondent No. 1 Adovcate to withdraw as counsel of the said company and its Directors, the appellant and respondent No. 8 hatched a criminal conspiracy to implicate him in false and fabricated criminal cases. They were alleged to have mixed up with one Ranjit Singh, Deputy District Attorney (Legal) attached with the office of Senior Superintendent of Police, District Roopnagar, Punjab and managed the registration of a case against the respondent No. 1 and his clients being FIR No. 151 dated 10-12-1988 at Police Station Kharar for various offences under the Indian Penal Code. In furtherance of the alleged conspiracy a raid was conducted on 11-10-1988 in the house of one Ravnit Singh, a client of the respondent No. 1. The respondent No. 1 reached at the house of Ravnit Singh, when called, and found there a contigent of police. It is alleged that the moment the respondent No. 1 came out of his car, he was roughed up and thrown in an open truck. He was taken to Police station, Sector 11, Chandigarh where DDR No. 24 dated 11-10-1988 was registered. He further alleged that thereafter he was whisked away to Police Station, Kharar. His arms were tied behind his back and a piece of cloth was tied around his eyes He was thereafter taken to an unknown destination and was pushed in an isolated room where the appellant herein and respondent No. 8 were already waiting. He was subjected to criminal torture by using third degree methods for about 2-3- hours. The respondent No. 6 was also alleged to have caused injuries upon the said Advocate with a sharp knife below the knees, without provocation. Red chillies are stated to have been sprinkled on his fresh wounds with the object to harm, injure and terrorise him. He was threatened to be eliminated by the police personnel and the appellant. After the tortoure process, the eyes of the respondent No. 1 were again blind-folded and he was brought back to Police station, Kharar where his wife Mrs. Gursharan Kaur had reached by that time. Upon her raising hue and cry he was sent to Civil Hospital, Kharar for conduct of his medical examination where he was examined by Dr. Balwinder Singh. He was stated to have been released on 11-10-1998 after about 3 hours by the orders of the judicial Magistrate, First Class, Kharar. He claimed to have filed a written complaint in Police Station, Kharar for registration of FIR against the alleged culprits. The copies of the complaint are stated to have been sent to Chief Minister, Punjab, Chief Secretary, Punjab, Principal Secretary, Punjab, the Director general of Police, Police SSP, Roopnagar Chief Justice of India and the Home Minister of India. As no action was taken on his complaint, he filed a petition in the High Court with prayers as noted hereinabove.