High Court of Punjab and HaryanaCRM-M/33248/2015disposed of

Narinder Singh v. State Of Punjab And ORS

2015-09-29Mr. Justice Inderjit Singh2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Criminal Misc. No. M-33248 of 2015 Date of decision: 29.09.2015.

Narinder Singh ..Petitioner

Versus

State of Punjab and others ..Respondents

CORAM:

HON'BLE MRS. JUSTICE DAYA CHAUDHARY

1. Whether reporters of local newspapers may be allowed to see judgment? Yes/No

2. To be referred to reporters or not? Yes/No

3. Whether the judgment should be reported in the Digest? Yes/No

Present:

Mr. Varinder Chhibbar, Advocate for the petitioner.

Daya Chaudhary, J. (Oral) The present petition has been filed under Section 482 Cr.P.C. for issuance of direction to respondents No.2 to 4 to protect the life and liberty of the petitioner at the hands of respondents No.5 to 10, who are in unauthorized possession of land of Gram Panchayat.

Learned counsel for the petitioner submits that the civil suit filed under Section 7 of the Punjab Village Common Land Act has been decided in favour of Gram Panchayat and private respondents have been directed to evict the land of Gram Panchayat. Learned counsel further submits that respondents No.5 to 10 have also filed suit for permanent injunction but the same was dismissed on NEETU RANI 2015.10.05 10:15 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Misc. No. M-33248 of 2015 04.09.2014. Learned counsel further submits that when the petitioner made all efforts to remove the unauthorized encroachment, not only a threat was given by the private respondents but a criminal case was also registered under Section 307 IPC against unknown persons. The petitioner being Sarpanch of the village was under constraint threat and he made a representation (Annexure P-5) to Senior Superintendent of Police, District SAS Nagar, Mohali but the same has not been decided so far. Learned counsel also submits that the petitioner would be satisfied in case, directions are issued to respondent No.3 to consider the representation (Annexure P-5), which is still pending.

Without commenting anything on the merits of the case and keeping in view the limited prayer of the petitioner, the present petition is disposed of with a direction to respondent No.3 to consider the representation (Annexure P-5) and to take necessary action in accordance with law within a period of two weeks from the date of receipt of certified copy of this order.

Disposed of accordingly.

29.09.2015 (DAYA CHAUDHARY) neetu JUDGE NEETU RANI 2015.10.05 10:15 I attest to the accuracy and authenticity of this document Chandigarh