Crl.
Misc.
M-17843 of 2014 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.
No.M-17843 of 2014 Date of decision: May 22, 2014 Sudhir Suri .....Petitioner VERSUS State of Punjab .....Respondent CORAM: HON'BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Ashish Aggarwal, Advocate for the petitioner T.P.S .MANN, J.
The petitioner has prayed for pre-arrest bail in case FIR No.43 dated 21.02.2014 under Sections 323, 341, 353, 506, 295-A, 148, 149, 186 IPC and under Section 25 of the Arms Act registered at Police Station Sultanwind, District Amritsar City.
The aforementioned FIR was registered on the basis of a complaint submitted by Sh.A.S.Gagrha, Advocate, who was appointed as a Local Commissioner by the Debts Recovery Tribunal- 2, Chandigarh for executing the warrant of attachment dated 13.2.2014.
In the said complaint, the allegations were levelled against the petitioner, his son Manik Suri and their companions for manhandling, threatening and causing obstruction in the execution of the warrant of attachment.
It was stated that on 21.2.2014, the complainant reached Police Station, Ram Bagh A-Division, Amritsar after informing Anil Bhatia, bank official, who deputed two persons of recovery agency to accompany the complainant and guide him as to where the vehicle was stationed.
Accordingly, the complainant Sharma Parmeshwar Dutt 2014.05.27 10:17 I attest to the accuracy and integrity of this document Chandigarh Crl.
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M-17843 of 2014 -2- introduced himself to Head Munshi PS A-Division and requested him to provide police protection.
ASI Raj Pal Sharma and one Constable were deputed to provide necessary protection to the complainant.
The complainant then contacted AGM of the bank to depute some official to take over the possession of the vehicle in case the borrowers did not repay the dues.
Accordingly, the Chief Manager of the bank was deputed for the said purpose.
At about 1.00 PM, the complainant reached the godown situated at Akash Vihar, Amritsar where the vehicle was parked for execution of the Court ordeRs.The godown was closed.
As photographs were required to be taken, knock was made at the door and one Upender reached there, who was asked to open the door.
On opening the door, the vehicle was found parked there.
The complainant disclosed his identity and asked said Upender to make him talk with the owner of the vehicle.
However, Upender stated that he was neither aware of the owner of the vehicle nor of the godown as he was not working there.
He called his brother- in-law Arvinder Singh, who was working there, who stated that he would reach there within 15 minutes.
When Arvinder Singh reached there, he was informed about the purpose of the visit and asked him to call the owner of the vehicle.
He called someone and asked the complainant and the others to wait.
Within 10 minutes, the petitioner, alongwith his son Manik Suri and their companions, came there in a car bearing registration No.PB-02BT-8989.
Some more persons also came there in another vehicle.
The petitioner and Manik Suri gave fist blows to the complainant and also removed his turban.
Manik Suri pointed out a revolver at the complainant and asked him to go Sharma Parmeshwar Dutt 2014.05.27 10:17 I attest to the accuracy and integrity of this document Chandigarh Crl.
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M-17843 of 2014 -3- inside as his friend would assist them.
The complainant asked the police officials present there to protect him.
On this, the petitioner and Manik Suri threatened to get the complainant removed from service and kill him.
He was asked to leave the place if he wanted to stay alive.
They also stated that they knew how to handle such like people.
The petitioner, alongwith his son Manik Suri and their companions, forced him to leave from there, otherwise he would have been taken inside and beaten.
The complainant was threatened that he would be implicated in a false case if he entered their godown illegally.
They broke the locks of the office and godown themselves so as to plant a case upon the complainant.
After sometime, the police officials reached, who brought him to Police Post, Sultanwind.
The aforementioned accused had obstructed in the execution of the Court orders and manhandled the complainant, who was appointed a Local Commissioner.
The accused had also restrained him from making phone calls and got him illegally detained for half an hour.
When the police officials of Sultanwind reached, the complainant tried to contact ASI Ram Pal Sharma to reach the spot but neither he came at the spot nor at the Police Post, Sultanwind.
Learned counsel for the petitioner has submitted that the complainant forcibly entered the property of the petitioner and while acting at the behest of the bank, he had tried to take possession of the vehicle belonging to the petitioner.
It is also submitted that the petitioner is ready and willing to join the investigation and nothing is to be recovered from him.
Having heard counsel for the petitioner and going Sharma Parmeshwar Dutt 2014.05.27 10:17 I attest to the accuracy and integrity of this document Chandigarh Crl.
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M-17843 of 2014 -4- through the contents of the FIR, this Court is of the considered view that the petitioner does not deserve the concession of anticipatory bail.
He had tried to obstruct the complainant in the discharge of his official duties, who stood appointed as Local Commissioner by the Debts Recovery Tribunal-2, Chandigarh for executing warrant of attachment.
Before going to the actual place where the vehicle in question was parked, he had approached the police officials and pursuant thereto, the police officials were deputed to accompany him.
When the complainant got opened the godown, the vehicle in question was found parked there.
On receiving information about the visit of the complainant as Local Commissioner, the petitioner, alongwith his son Manik Suri and their companions, reached there and gave him fist blows.
His turban was also removed and that too, in public view.
The son of the petitioner pointed a revolver at the complainant to leave the place if he wanted to save himself or else they knew how to handle people like him.
The allegations levelled against the petitioner and his son are quite serious.
Both of them had restrained the Local Commissioner from performing the duties assigned to him of getting the warrant of attachment executed.
In view of the above, the petition is without any merit and, therefore, dismissed.
(T.P.S.MANN) May 22, 2014 JUDGE Pds.
Sharma Parmeshwar Dutt 2014.05.27 10:17 I attest to the accuracy and integrity of this document Chandigarh Crl.
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M-17843 of 2014 -5- Sharma Parmeshwar Dutt 2014.05.27 10:17 I attest to the accuracy and integrity of this document Chandigarh