Sukhdeep Bhullar And ANR v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: May 12, 2022.

Sukhdeep Bhullar and another

...Petitioners

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE VIKAS BAHL PRESENT:

Mr.Ashish Pal Kaushal, Advocate, for the petitioners.

Mr.Sukhbeer Singh, AAG, Punjab.

Mr.Saurab Savara, Advocate, for respondent No.6.

Mr.M.P.S.Cheema, Advocate, for respondent No.7.

VIKAS BAHL, J. (ORAL) This is a petition filed under Section 482 Cr.P.C. praying for issuance of directions to the official respondents to protect the life and liberty of the petitioners and restrain them from illegally calling the petitioners to the Police Station on the complaint given by the private respondents without following the procedure under Section 160 Cr.P.C. Learned counsel for the petitioners has submitted that

there is a civil dispute pending between the petitioner and the private respondents and there is no FIR registered against the petitioners and on the complaint given by the private respondents, the petitioners are being repeatedly called to the police station.

Learned counsel for the petitioner has further submitted that he would be satisfied in case the present petition is disposed with a direction to the official respondents to give an advance written notice of 3 days under Section 160 Cr.P.C, in case the petitioners are required in respect of any complaint filed by the private respondents with respect to the civil dispute.

Learned State counsel has submitted that in case the petitioners are not accused in any FIR then procedure under Section 160 Cr.P.C. would be followed.

Learned counsel for respondent No.7 has submitted that respondent No.7 has filed a civil suit for specific performance as according to him, the petitioner had breached the agreement. Keeping in view the above facts and circumstances, moreso when there is no FIR registered against the petitioners, the present petition is disposed of with a direction to the official respondents to issue 3 days advance written notice under Section 160 Cr.P.C. in case the petitioners are required in respect of inquiry in any complaint given by the private respondents.

Nothing stated above shall be construed as an expression

of opinion on the merits of the case.

It is made clear that in case, there is FIR registered against the petitioners, then the present order would not ensue any benefit to the petitioners.

May 12, 2022. (VIKAS BAHL) raj arora JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No