High Court of Punjab and HaryanaCRM-M/30938/2010disposed of

Kanwar Singh v. Ram Niwas

2020-02-28Mr. Justice Ramendra Jain1 pages

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-30938-2010 Date of Decision: 28.02.2020 Kanwar Singh .... Petitioner

Versus

Ram Niwas and another .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: - Mr. SS Khurana, Advocate for the petitioner.

Mr. SN Yadav, Advocate for respondent No. 1.

Mr. Amrik Narwal, DAG, Haryana.

RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing order dated 14.05.2010 (Annexure P-8) of Sub Divisional Magistrate, Kosli and order dated 10.09.2010 (Annexure P-9) rendered by learned Sessions Judge, Rewari.

Heard.

Referring to a judgment of this Court in Tulsi Ram Vs. Roshan Lal, 2003(1) Criminal Court Cases 137 (P&H), learned counsel for respondent No. 1 submits that no petition under Section 482 Cr.P.C., is maintainable against the order under Section 133 Cr.P.C. In view of the above, instant petition is disposed of, with the observation that possession of petitioner on the disputed passage, if any found, could be taken only after adjudication of proceedings under Section 7 of the Punjab Village Common Lands Regulation Act, 1961, pending before the Assistant Collector Ist Grade, Kosli. February 28, 2020 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No