JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. The petitioner alleges violation of the judgment dated 12.11.2013 passed by the Hon’ble Supreme Court of India in Writ Petition (Criminal) No. 68 of 2008, titled as Lalita Kumari vs. Govt. of U.P. and Others.

2. The case set up by the petitioner is that the father of the petitioner namely Harbhajan Singh Yogi was a practitioner in Ayurvedic Medicines, who died on 11.12.2009. On 03.11.2022, the brother of the petitioner namely Sukhjinder Singh Yogi along with some persons came to the clinic of the petitioner-Beerinder Singh Yogi and misbehaved with him. It is stated that despite giving a complaint to the police authorities, no action was taken. It is also stated that later on, a complaint under Section 156(3) Cr.P.C. was filed before the Illaqa Magistrate, in which an order has been passed by the Chief Judicial Magistrate, U.T. Chandigarh, on 25.01.2023, which reads as under:

“(1) Complainant has come present. His presence is marked. Arguments heard.

(2) The complainant has filed the present application u/s 156(3) Code of Criminal Procedure, 1973 for issuance of direction to SHO, Police Station Sector 17, Chandigarh to register FIR u/s 120B, 354, 389, 398, 399, 402, 452,509 and 511 Indian Penal Code, 1860 against the accused persons.

(3) It is alleged that complainant is running a Clinic at SCO No. 1030, Ground Floor, Sector 22-B, Chandigarh by appointing/employing the doctors, for which, the applicant possess requisite qualifications. Brother of the applicant namely Sukhjinder Singh Yogi who wanted to grab the family business and Clinic of the complainant, is harassing the complainant and his old and ailing mother since long, regarding which mother of the applicant also lodged police complaints, which further infuriated accused Sukhjinder Singh Yogi. Father of applicant namely Sh. Harbhajan Singh Yogi was very renowned practitioner in Ayurvedic Medicine and was revered in the country, who passed away on 11.12.2009. The Trade Mark of family business is registered with the applicant after death of his father. Accused Sukhjinder Singh Yogi to give shape to his evil designs, sent some hooligans and robbers, who were 5 in the number and they trespassed into the Clinic of applicant on 03.11.2022 at about 12 P.M. The said criminals started misbehaving with the staff of applicant, they even abused and harassed women employees by using physical force against them. They advanced threats to close down the Clinic immediately, failing which they threatened that they will apprehend the applicant and one of the criminal among them was wearing the uniform of an Advocate. Complainant/applicant was busy at that time in the treatment of his mother who was hospitalized in a critical condition and when called upon by his staff he rushed to his clinic and the said 5 robbers immediately made the applicant hostage in his Clinic and started abusing the applicant in foul language and misbehaved with the applicant. They refused to show any identity cards and coerced the applicant to immediately furnish an affidavit on stamp paper that he will close down his Clinic in favour of accused Sukhjinder Singh Yogi. The robber who was wearing the uniform of an Advocate, threatened the applicant that he has power to immediately send the applicant to Jail, if applicant does not furnish the affidavit demanded by them. When applicant tried to call local police, the above mentioned 5 robbers ran away and they also forcibly took the documents containing the patient slips, calculator and table watch with them. Applicant reported the matter to police, but till date no action has been taken. Hence, the present complaint has been made.

(4) Grouse of the complainant is that accused Sukhjinder Singh Yogi sent some hooligans and robbers to his clinic who misbehaved with his staff, abused and harassed women employees and threatened to close the clinic. The complainant has also placed on record photographs of alleged robbers as Annexure A1 to A3