JOGINDER PAL Vs. STATE OF PUNJAB
LAWS(P&H)-2022-4-202
HIGH COURT OF PUNJAB AND HARYANA
Decided on April 28,2022

JOGINDER PAL Appellant
VERSUS
STATE OF PUNJAB Respondents

JUDGEMENT

VINOD S.BHARDWAJ,J. - (1.)The present petitions display a gross abuse of authority by the State Investigating Agency which is reminiscent of a colonial era- where might of Police would stampede all authority. A classic case, where a lessee who had taken possession of a property in a proceeding held in High Court, from the lessor Wakf Board, is being incarcerated for the order passed by the High court against the Punjab Police and in favour of Wakf Board in a separate writ petition. The subsequent lesser under an auction is being forced to undergo agony of criminal case by the police on a ground that the judgment passed in favour of the lessor Wakf Board by a Division Bench of this High Court was not based on complete facts, without raising any challenge to the Division Bench judgment of this High Court passed in CWP No.484 of 2001 decided on January 31, 2001- wherein the State of Punjab conceded to have encroached upon the land of Wakf Board through the Police Department. While recording its displeasure at the functioning of the Senior Police Officers, this Court had refrained from passing any harsh order. Despite being aware and conscious of the said orders passed by the High Court, the FIR was registered in the year 2016 and investigation has remained unconcluded for a period of nearly six years, without any evidence even to prima facie demonstrate as to how the judgment of Division Bench dtd. 31/1/2001 (supra) was wrong or giving any satisfactory explanation as to why the Department of police has chosen not to raise any challenge to the said order, the police department has clearly taken recourse to a mechanism which reflects a deliberate decision of the police officials to take on people who chose to approach Court of law and sought redressal of their grievances through judicial intervention. Such growing tendency reflects the arrogance of the police administration to disregard judicial authority and rule of law aimed to erode the faith of people in the system of administration of justice and to force them to surrender to the might of the agency of the State expected to maintain rule of law.
(2.)The instant petitions bearing no.CRM-M-6163-2017 and CRM-M- 35402-2017 have been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') seeking quashing of FIR No.259 dtd. 25/11/2016, under Ss. 420, 465, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC', registered at Police Station City Ferozepur, District Ferozepur.
(3.)As both the petitions have been filed by different accused persons, namely, Joginder Pal Singh and Narinder Singh (petitioners in CRM-M-6163-2017) and Raghbir Singh, Kikar Singh and Gurmukh Singh (petitioners in CRM-M- 35402-2017) out of one and same FIR, raising the same grievance, both the petitions are being adjudicated by one common order with the consent of parties. The facts are being referred to from CRM-M-6163-2017.
FACTS AS PER PETITIONS



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