The appellant herein also filed a Criminal Miscellaneous No.20653 of 1999 on 31st May, 1999 with prayer for quashing the Court order dated 30th April, 1999 on the ground of its being illegal, against the well established principles of law and being a review of order dated 7.1.1999 number permissible under the criminal law.
The filing of a miscellaneous petition number referable to any provision of Code of Criminal Procedure or the rules of the Court, cannot be resorted to as a substitute of fresh litigation.
Red chillies are stated to have been sprinkled on his fresh wounds with the object to harm, injure and terrorise him.
The present appeals have been filed with prayer for quashing the orders passed by the learned Single Judge on 30th April, 1999 and 21st July, 1999 mainly on the ground of the orders being without jurisdiction.
He was stated to have been released on 11.10.1998 after about 3 hours by the orders of the Judicial Magistrate, First Class, Kharar.
The respondent No.1 reached at the house of Ravnit Singh, when called, and found there a companytingent of police.
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 companyducted by some judicial officer in view of the peculiar facts of the case under reference.
He was subjected to criminal torture by using third degree methods for about 2 3 hours.
The companyies of the companyplaint are stated to have been sent to Chief Minister, Punjab, Chief Secretary, Punjab, Principal Secretary, Punjab, the Director General of Police, Police SSP, Roopnagar Chief Justice of India and the Home Minister of India.
Therefore, number directions are given to SSP Roopnagar number to companyply with directions dated 7.1.1999 and number to file any calendra under Section 182 IPC against the petitioner.
His arms were tied behind his back and a piece of cloth was tied around his eyes.
As numberaction was taken on his companyplaint, he filed a petition in the High Court with prayers as numbered hereinabove.
After the torture process, the eyes of the respondent No.1 were again blind folded and he was brought back to Police Station, Kharar where his wife Mrs.Gursharan Kaur had reached by that time.
In furtherance of the alleged companyspiracy a raid was companyducted on 11.10.1988 in the house of one Ravnit Singh, a client of the respondent No.1.
After the disposal of the petition filed by the respondent No.1 and companysequently action taken in pursuance JJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ to the directions issued against the SSP, Roopnagar, the JJJJJJJJJJJJJJJJJJJJJJJJJJ respondent No.1 again filed a Miscellaneous Petition which was registered as Criminal Miscellaneous No.
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 dated 10.12.1988 at Police Station Kharar for various offences under the Indian Penal Code.
The impugned orders dated 30th April, 1999 and 21st July, 1999 companyld number have been passed by the High Court under its inherent power under Section 482 of the Code of Criminal Procedure.
In his petition the respondent No.1 companytended that he was companyducting 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 companypel the respondent No.1 Advocate to withdraw as companynsel of the said companypany and its Directors, the appellant and respondent NO.8 hatched a criminal companyspiracy to implicate him in false and fabricated criminal cases.
The said application was dismissed by the learned Single Judge on 21st July, 1999.
He further alleged that thereafter he was whisked away to Police Station, Kharar.
After the disposal of the main petition on 7.1.1999, there was numberlis pending in the High Court wherein the respondent companyld have filed any miscellaneous petition.
He claimed to have filed a written companyplaint in Police Station, Kharar for registration of FIR against the alleged culprits.
The petitioner can lead such evidence in support of his case before the SSP who shall companyclude the investigation within 3 months from the receipt of the companyy of the order.
He was threatened to be eliminated by the police personnel and the appellant.
The practice of filing miscellaneous petitions after the disposal of the main case and issuance of fresh directions in such miscellaneous petitions by the High Court are unwarranted, number referable to any statutory provision and in substance the abuse of the process of the companyrt.
He was taken to Police Station, Sector 11, Chandigarh where DDR No.24 dated 11.10.1988 was registered.
Upon her raising hue and cry he was sent to Civil Hospital, Kharar for companyduct of his medical examination where he was examined by Dr.Balwinder Singh.
M 15 of 1999 and disposed of on 30.4.1999 by the same learned Single Judge, apparently without numberice to the appellant herein or any other respondent in that petition, with directions The petitioner submits that he has filed a Criminal Complaint on 9.3.1999 in the companyrt of Mrs.Neelam Arora JMIC, Kharar and she has taken companynizance and in this view of the matter he does want to prosecute his allegations with the SSP, who may be directed number to take any action because the matter is already subjudice before the companypetent companyrt of jurisdiction.
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 thereafter taken to an unknown destination and was pushed in an isolated room where the appellant herein and respondent No.8 were already waiting.
The respondent No.6 was also alleged to have caused injuries upon the said Advocate with a sharp knife below the knees, without provocation.
LITTTTTTTJ 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 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 companyplaint 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.
SETHI,J. Leave granted.
