Gurugram Court orders FIR against SHO for interfering in Civil Disputes

Greeva Garg –

Published on: September 6, 2021, at 09:30 IST

A Gurugram Court ordered to register a First Information Report (FIR) against the Station House Officer (SHO) and a Sub-Inspector of Bhondsi Police Station for interfering in a civil dispute.

The Court while hearing a Bail application, observed that “It is not the job of the police to meddle with civil disputes and police officials cannot be given (the) licence to meddle with the civil disputes”.

Earlier in the matter, Additional Sessions Judge, Jasbir Singh ordered that “The applicants would be given at least 10 days’ notice prior to their arrest in case any FIR was registered on the basis of the complaint.”

The earlier order of the Court was not obeyed by the Gurugram police and they also not complied with the directions of law as contained in Section 155(2) of the Code of Criminal Procedure (CrPC).

The matter arose from a complaint in connection with a dispute between Raj Dhankar and Rajbir, the applicant, over the sale of a plot measuring around 1,500 sq yards in Bhondsi.

As per the complaint to the police, Raj bought the plot from Rajbir through a sale agreement on February 27, 2018. Raj paid Rajbir ₹17.5 lakh through cheque and ₹3 lakh through RTGS.

However, after the payment sale deed was not executed, and Raj filed a civil suit at Sohna Court seeking his possession on plot.

The complainant sought for probe into the matter and approached the police for initiating investigation on August 2 and 4 last year.

The police refused to take any action into the matter saying it to be a civil matter and the civil suit was pending in the Sohna Court.

The complainant again approached the Police for the third time this year and a notice was served to the applicant on August 25 asking him to appear before the Police and give his statement.

The court, in its recent order, observed that “It was a settled proposition of law that police had got no power to decide about the possession of a party on any piece of land, but the act of police in the present case, prima facie, revealed that the enquiry officer is bent upon to give his findings regarding possession over the suit property.”

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