Badlu Ram And Another vs State Of Haryana And Others
2022 Latest Caselaw 17210 P&H

            THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
226 + 110                                    CRM-M-36134-2018 (O&M)
                                             Date of Decision: 19.12.2022

Badlu Ram and Another                                         ...Petitioners

                                  Versus
State of Haryana and Others                                  ...Respondents


CORAM: HON'BLE MR. JUSTICE JAGMOHAN BANSAL
Present:-   Mr. Surender Singh Hooda, Advocate,
            for the petitioners
            Mr. Karan Garg, AAG, Haryana
            Mr. Pawan Singh, A8vocate,
            For respondent No.6
            *****

JAGMOHAN BANSAL, J. (Oral)

CRM No.49333 of 2022 Application for placing on record Replication along with

Annexure P-18 to P-20 is allowed and Registry is directed to tag at

appropriate place.

CRM-M-36134-2018

The petitioners through instant petition under Section 482

Cr.P.C. are seeking transfer of matter of extortion from petitioners of 5

cheques of Rs.8 Lacs each in favour of Shalini Singh, wife of Sunil

Kumar, an IFS Officer.

Learned counsel for the petitioner, inter alia, contends that

an FIR No.73 dated 15.02.2017 under Sections 406, 420, 467 and 471

IPC was registered at Police Station Sampla against the petitioner at

the behest of respondent No.8-Promila. The matter has already been

investigated qua this FIR and challan has already been presented. The

charges also stand framed against the petitioner.

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 CRM-M-36134-2018 (O&M)                                               -2-

Learned counsel would submit that S.P., Rohtak, at the

behst of Shalini who is wife of an IFS officer has extorted 5 cheques of

Rs. 8 Lacs each from the petitioner. Nothing is due against petitioner

still cheques of Rs.40 Lacs have been extorted from the petitioner. The

petitioner was called in the office of S.P., Rohtak and afore-stated

cheques were extorted. The petitioner had sold 2 Kanals land to

Shalini on 11.06.2012 for a sum of Rs.4.25 Lacs. The police officials in

connivance with Shalini compelled the petitioner to buy back aforesaid

land for a sum of Rs.40 Lacs. As petitioner denied to purchase the

aforesaid land, the police officials and Shalini extorted aforesaid

cheques of Rs.40 Lacs. The police officials have misused their powers

and matter needs to be investigated by an independent agency i.e. CBI

or any other Central Government Agency. There are allegations

against police officers, thus, as per judgment of Hon'ble Supreme

Court in State of Punjab Versus Davinder Pal Singh Bhullar and

Others, (2011) 14 SCC 770 and Secretary, Minor Irrigation & Rural

Engineering Services, U.P. and Others Versus Sahngoo Ram Arya

and Another, (2002) 5 SCC 521, the matter needs to be investigated

by CBI.

Learned State counsel submits that respondent has

constituted a Special Investigation Team to find out allegations of the

petitioner and it has been found that there are bald allegations just to

pressurize the authorities to cancel FIR No.73 dated 15.02.2017 which

was registered against the petitioner at the behest of Promila.

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 CRM-M-36134-2018 (O&M)                                                   -3-

Mr. Pawan Singh, learned counsel for respondent No.8-

promila submits that he has no objection if matter is referred to CBI or

any other independent agency.

I have scrutinized the record and heard the arguments of

both sides.

It is conceded fact that Shalini has already filed complaint

under Section 138 of the Negotiable Instruments Act, 1881, against the

petitioner before the Competent Court. It is also further undisputed fact

that Shalini has filed Civil Suit against the petitioner which is pending

before the Civil Court.

The only allegation of the petitioner is that police

authorities, at the behest of Shalini, had extorted a sum of Rs.40 Lacs

and matter needs to be investigated by CBI. The matter has already

been investigated by Special Investigation Team and matter qua

cheques is pending before Civil Court as well as Criminal Court, thus,

at this stage, it would not be in the fitness of things and interest of

justice to refer the matter to CBI or an independent agency on the

basis of allegation of the petitioner. There is no prima facie evidence

warranting investigation by CBI.

It seems to be a civil dispute between the parties and

Civil/Criminal Courts are seized of the matter and the petitioner is at

liberty to raise all his grievances before the Trial Court. The petitioner

can very well establish that there was no legally enforceable liability for

which Shalini had obtained cheques from the petitioner. Before the

Civil Courts, the petitioner can establish that there is no liability.

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 CRM-M-36134-2018 (O&M)                                               -4-

In case Civil Court as well as Criminal Courts come to a

conclusion that there was no liability qua cheques in question, the

petitioner would be at liberty to take appropriate legal action against

Shalini and police officials.

In view of above, no further order is warranted.

Disposed of.

                                                      (JAGMOHAN BANSAL)
                                                            JUDGE
19.12.2022
Mohit Kumar


               Whether speaking/reasoned            Yes/No
               Whether reportable                   Yes/No




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