Maninderjit And Another v. State Of Punjab And Others

CRM-M No.14403 of 2021 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M No.14403 of 2021 (O&M) Date of Decision.31.03.2021 (Heard through VC) Maninderjit and another

...Petitioners

Vs State of Punjab and others

...Respondents

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Manmeet Singh Rana, Advocate for the petitioners.

Mr. Randeep Singh Khaira, AAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed for grant of anticipatory/blanket bail to the petitioners in the event of their arrest, in case any FIR is registered under the provisions of cognizable offence at the behest of respondents No.5 under jurisdiction of respondents No.2 to 4 as they are apprehending registration of FIR against them out of dispute that pertains to an agreement to sell entered into between the petitioners and respondent No.5 and in case, any FIR is registered against the petitioners at the behest of respondent No.5, seven days notice be given by respondents No.2 to 4 to the petitioners in the eventuality of their arrest. Counsel for the petitioner inter alia would contend that the petitioners had entered into an agreement to sell dated 21.09.2020 with one Baljit Kaur whereby petitioner No.

1 was authorized to further enter into an agreement to sell with any one and the petitioner No.2 is marginal witness to the said agreement. Petitioner No.1 entered into an agreement to sell with respondent No.5 herein, wherein the factum of entering into agreement PANKAJ KUMAR 2021.03.

CRM-M No.14403 of 2021 (O&M) -2between petitioner No.1 and Baljit Kaur has been specifically mentioned. The target date for execution of the sale deed was fixed for 22.03.2021, however, instead of being present at Tehsil Banga, Complex for execution of sale deed, respondent No.5 made a complaint to the Deputy Superintendent of Police, Phagwara alleging that the petitioner No.1 had cheated him. Respondent No.3, who is close friend of respondent No.5, is threatening the petitioners herein to implicate them in false case of cheating and misappropriation of funds and hence this petition. Notice of motion.

Mr. Randeep Singh Khaira, AAG, Punjab, who is present through the medium of video conferencing, accepts notice for the respondent-State.

I have heard learned counsel for the parties and have perused the paper book.

Keeping in view the fact that the dispute pertains to an agreement to sell that was entered into between the petitioner No.1 and respondent No.5, the instant petition is disposed of with a direction that in case the respondent-State is contemplating registration of any FIR on the basis of any complaint that has been received by them at the behest of private respondent No.5 and arrest them, they will do so after issuance of necessary advance notice of 07 days to the petitioners as envisaged under Section 41-A Cr.P.C.

(JAISHREE THAKUR) JUDGE March 31, 2021 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No PANKAJ KUMAR 2021.03.31 18:15 I attest to the accuracy and integrity of this document