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HIGH COURT OF PUNJAB AND HARYANA
JABAR SINGH @ JABRA SINGH AND ANOTHER – Appellant
Versus
STATE OF HARYANA AND OTHERS – Respondent
/8415/2021
The court cannot issue a writ of mandamus to protect a person's life and liberty if the police have found that no cognizable offence has been committed.
Headnote:
CRIMINAL PROCEDURE CODE - PROTECTION OF LIFE AND LIBERTY - MANDAMUS - WRIT
Fact of the Case:
The petitioners filed a petition under Article 226 of the Constitution of India, seeking a writ of mandamus directing the respondents to protect their life and liberty from the private respondents. The petitioners alleged that the private respondents had filed a complaint before the Economic Offences Wing, which had summoned the petitioners.
Finding of the Court:
The court found that the police had investigated the complaint and found that it was a matter of personal dealings between the complainant and the petitioners, and that a civil suit was already pending between them. The court also found that the allegations levelled against the petitioners were not established and that no cognizable offence had taken place.
Issues: Whether the petitioners were entitled to a writ of mandamus directing the respondents to protect their life and liberty from the private respondents.
Ratio Decidendi: The court held that the petitioners were not entitled to a writ of mandamus because the police had found that no cognizable offence had been committed and that the matter was a civil dispute.
Final Decision: The court dismissed the petition.
CRWP-8415-2021 (O&M)
Through video conference
234
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
CRWP-8415-2021 (O&M).
Decided on: January 11, 2022.
Jabar Singh @ Jabra Singh and another
.. Petitioners
VERSUS
State of Haryana and others
.. Respondents
* * *
CORAM:
HON'BLE MR. JUSTICE JASGURPREET SINGH PURI
* * *
PRESENT
Mr.Gaurav Aggarwal, Advocate,
for the petitioners.
Mr.Ranvir Singh Arya, Addl. A.G. Haryana.
JASGURPREET SINGH PURI
, J. (ORAL
)
The present petition has been filed under Article 226 of
the Constitution of India, with a prayer for issuance of writ in the nature of
mandamus directing respondent Nos.1 to 5, to protect the life and liberty of
the petitioners at the hands of private respondent Nos.6 and 7.
Learned counsel for the petitioners has submitted that
present petition was filed stating that the private respondents had disputed
some claims from the petitioners regarding which they have filed a petition
1
RAJ KUMAR ARORA
2022.01.13 12:51
I attest to the accuracy and
integrity of this document
CRWP-8415-2021 (O&M)
under the Minimum Wages Act and thereafter the matter was investigated
and inquired into and during investigation it was found thrice by the police
that the matter is of civil nature and no offence is made out but the private
respondents have been repeatedly filing the applications/complaints before
various authorities and now they have filed a complaint before Economic
Offences Wing and the Economic Offences Wing, Sirsa vide Annexure P-
16, has summoned the petitioners.
Notice of motion was issued in this case and the Registry
has reported that respondent Nos.6 and 7 have been served but nobody has
caused appearance on their behalf.
Status report
has been filed by the Deputy
Superintendent of Police, Ellenabad, District Sirsa, on behalf of respondent
Nos.1 to 5.
Learned State counsel while referring to the status report
filed by the State has submitted that from the inquiry conducted by the
police in the complaint/application filed by private respondent No.7, it was
found that it was a matter of personal dealings between the complainant
party i.e. Private respondent No.7 and present petitioners and a civil suit is
already pending between them before the Civil Court and during inquiry the
allegations levelled by him against the present petitioners were not
established and no cognizable offence was found to have taken place and
therefore, the complaint dated 23.7.2021, has been filed.
I have heard the learned counsel for the parties.
In view of the specific affidavit filed by the State that the
2
RAJ KUMAR ARORA
2022.01.13 12:51
I attest to the accuracy and
integrity of this document
CRWP-8415-2021 (O&M)
complaint filed by the private respondent No.7 has been filed by the police
as no cognizable offence has been found to be made out, no further action is
required to be taken in present petition and consequently, the present
petition is hereby dismissed.
January 11, 2022. (JASGURPREET SINGH PURI)
raj arora
JUDGE
Whether speaking / reasoned
Yes / No
Whether reportable
Yes / No
3
RAJ KUMAR ARORA
2022.01.13 12:51
I attest to the accuracy and
integrity of this document
