The court's decision was based on the evidence presented and the petitioner's claim of harassment and false FIR.

JUDGMENT :

Shekher Dhawan, J.

1. Present petition under Section 482 Cr.P.C. for issuance of directions to respondent Nos. 2 to 4 to arrest the accused in cross case on the basis of DDR No. 28 dated 23.10.2017, registered under Sections 452, 323, 324, 506, 148 and 149 IPC (Sections 448 and 380 IPC were added later on) at Police Station Guru Harsahai, District Ferozepur.

2. As per petitioner, he along with his family are residing peacefully in village Bajeke, Tehsil Guru Harsahai, District Ferozepur. One of his sons is 90% disabled and suffering from polio disease. Petitioner and his elder son are working as Submersible Motor Repair Mechanics. He owned five marlas of land on which a shop had already been constructed. Now the family of petitioner has started construction work to build their house on the said five marlas plot. This plot is adjoining the newly built villa of respondent No. 5-Kashmir Singh, who is Ex-Sarpanch of the village and close to the congress M.L.A. Respondent Nos. 5 and 6 were harassing the petitioner and wanted to grab his small land.

3. On 12.10.2017, when the petitioner was working on the plot, his daughter-in-law was brutally injured and other members of his family also got injuries. Respondents No. 5 and 6 along with musclemen grabbed all the construction material, motors and all other articles from the shop of the petitioner. They had also given beatings to his handicapped son; looted the construction and other material amounting to Rs. 15,00,000/- also ran JCB machine on the plot of the petitioner and broken all the construction material. However, despite doing all that, respondent Nos. 5 and 6, in connivance with the police and other political persons, lodged FIR against the petitioner and his family members. Petitioner's complaint was registered after ten days of the incident as a cross-case. The police is not taking any action despite seven months having been passed and as such present petition before this Court.

4. Learned counsel for respondents contended that present case is based on revenue record. As per the revenue record and investigation having been done in this case, land in question belongs to respondent Nos. 5 and 6 where petitioner wants to raise some construction. Tehsildar, Guru Harsahai had conducted the demarcation of the property in dispute and as such, present petition be dismissed.

5. Having considered the submissions made by learned counsel for the parties and appraisal of the record of the case and as per short affidavit, filed by Gurjit Singh, Deputy Superintendent of Police, Guru Har Sahai dated 18.03.2019, an application was filed before the Tehsildar by the Station House Officer, Police Station Guru Har Sahai on 21.08.2018. At that time, the application was returned by the Tehsildar with the objection that property in question is situated in the joint khewat and due to jointness, demarcation cannot be conducted and a copy thereof is Annexure R1/T on the file. However, reports submitted by Patwari, Kanungo and Tehsildar are as under:-

6. The c