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PETITIONER:

HARI SINGH MANN

Vs.

RESPONDENT:

HARBHAJAN SINGH BAJWA & ORS.

DATE OF JUDGMENT: 01/11/2000

BENCH:

K.T. Thomas, & R.P. Sethi.

JUDGMENT:

SETHI,J.

Leave granted.

L...I...T.......T.......T.......T.......T.......T.......T..J

Respondent No.1 who is a practising Advocate filed a

petition under Section 482 of the Code of Criminal Procedure

in the High Court of Punjab and Haryana with prayers:

"i) Call for the records of the case for the purpose of

perusal,

ii) direct the respondent No.6 i.e. Station House

Officer of Police Station, Kharar, District Roopnagar as

well as Senior Superintendent of Police, Roopnagar

(respondent No.3) to register a case on the basis of

complaint dated 14.12.1998 (Annexure P-4) lodged by the

petitioner as well as MLR dated 11.12.1998 (Annexure P-4)

lodged by the petitioner as well as MLR dated 11.12.1998

(Annexure P-3) of the petitioner without any further delay.

iii) direct any judicial officer to hold inquiry/

investigation in the aforesaid case in view of the serious

allegations levelled by the petitioner against senior Police

Officer of District Roopnagar.

iv) direct the respondent NO.2 (DGP Punjab) to

immediately transfer the respondent No.4, 5 and Inspector

Jasdev Singh, who is presently posted as SHO of Police

Station Kharar, District Roopnagar, so that free, fair and

impartial investigation/ inquiry may be conducted by some

judicial officer in view of the peculiar facts of the case

under reference."

In his petition the respondent No.1 contended that he

was conducting several civil/criminal cases filed by

M/s.Falcon Breeders Private Limited as well as its Directors

against the appellant and respondent No.8. It was alleged

that with a motive to compel the respondent No.1-Advocate 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

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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 contingent 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 torture

process, the eyes of the respondent No.1 were again

blind-folded and he was brought back to Police