Sunita Sharma v. State Of Punjab And ANR
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH SR. No.225 Decided on:09.08.2024 Sunita Sharma
...Petitioner
Versus
State of Punjab and another
...Respondents
CORAM:
HON'BLE MR. JUSTICE N.S. SHEKHAWAT
Present:
Mr. Karan Gupta, Advocate for the petitioner.
Sh. Deepinder Singh Brar, Sr. DAG, Punjab.
Mr. Arvind Seth, Senior Panel counsel for UOI-respondent No.3. N.S. SHEKHAWAT, J.
CRM-33228-2023 Application is allowed. Exemption sought is granted and Annexures P-9 to P-11 are permitted to be taken on record. Main case 1.
The present petition has been filed under Section 482 Cr.P.C. with a prayer to quash FIR No.0054 dated 18.05.2020 registered under Section 447 IPC at Police Station Pasyana, District Patiala. 2.
!
"# "One application bearing No. 7631/A/DSP/SMN dated 09.03.2020 and bearing No. 10105/C-3 dated 07.03.2020 from Sachit Sharma, Captain Adjutant for Commanding Officer, 119
Asit Engr. Regt. PIN-914119 c/o 56 APO after investigation after registering case against Sunita Sharma w/o Jaswinder Sharma r/o Village Hajimajra, P.S. Pasyana, District Patiala, received, the details of which are as under:
"3562/LAND/35/Q119 Aslt Engr Regt PIN 914119 c/o 56 ΑΡΟ 19 Nov 2019 SHO, Police Station Village Passiana CONSTRUCTION ACTIVITY WITHIN 10 METER OF DEFENCE ESTABLISHMENT 1. Please refer: (a) Govt. of India Ministry of Defence letter No. 11026/2/2011/D (Lands) datet. 21 OCT 2016 (b) Stn HQ Patiala letter No. 1009/Un-auth/ constr/ Land dt 16 Nov 2019 2. It is intimated that Sunita Sharma W/o Jaswinder Sharma forwarded by him vide his office number 5004/5A/PSN dated 28.11.2019 to the office of Hon'ble DSP, Circle Samana, in which it was written that in reference to enclosed letter bearing No. 3562/LAND/35/Q/19 Nov. 2019, Asit Engr Regt PIN 914119 c/o 56 APO, Sh.
Sachit Sharma, Captain Adjutant for Commanding Officer, it is submitted that above mentioned letter was received through post, in which Hon'ble Commanding Officer has written that Sunita Sharma w/o Jaswinder Sharma, who in violation of the Government Policy was raising construction illegally in military area and she be restrained from doing so and case be registered, in respect of investigation of which, Sh. Jaswinder Sharma after appearing presented an order of Sh. Rajinder Aggarwal, Addl. Sessions Judge, Patiala, dated 04.07.2015 which is enclosed. Apart from this, in one writ petition bearing no. CWP No. 17230-2015 by Harbhajan Singh against Union of India etc., as per orders of Hon'ble Punjab and Haryana High Court, demarcation of this area was conducted by Sh.
Pritpal Singh, Field Kanungo, Patiala, in which encroachment by Harbhajan Singh to the extent of 74 sq. yards and by Sunita Sharma to the extent of 50.83 sq. yards has been written. Whereas, at the time of closure of this writ petition, Hon'ble Punjab and Haryana High Court vide its order dated 05.08.
by mentioning encroachment by petitioner Harbhajan singh to the extent of 74 sq. yards, dismissed the writ petition. Whereas, in similar manner Sunita Sharma w/o Jaswinder Sharma has been mentioned to be in illegal possession of 50.83 sq. yards belonging to military, as per revenue record, as such, you are requested to obtain legal opinion of D.A. Legal Sahib in reference to above mentioned letter and further directions be issued. On which, Hon'ble DSP Sahib, Samana after approving with the investigation of Chief Officer Sahib Pasyana after investigation obtained legal opinion on the complaint and forwarded to Senior Superintendent of Police, Patiala vide office letter no. 7631/A/DSP/S dated 02.12.2019 for approval and further action.
On which, Hon'ble Senior Superintendent of Police, Patiala after agreeing with the investigation report of Chief Officer, P.S. Pasyana and Deputy Superintendent of Police, Circle Samana, vide his office letter no. 46978/C-3 dated 04.12.2019 wrote to Hon'ble D.A. Legal, Patiala for opinion please, on which District Attorney, Patiala after going through the complaint, vide his letter no. 535/DA/L dated 20.12.2019 wrote to Senior Superintendent of Police, Patiala, that I have carefully gone through the documents in respect of letter under reference bearing no. 46978/C-3 dated 04.12.2019 from Sachit Sharma, Captain Adjutant for Commanding Officer 119 Asit Engr. Regt. PIN-914119 c/o APO. Along with the record, copy of the judgment passed by Court of Sh. Rajinder Aggarwal, Addl.
District Judge, Patiala has been enclosed, which is incomplete, as such, before giving any opinion, copy of above mentioned judgement be sent as enclosure, so that appropriate legal opinion may be given."
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FIR No.0054 dated 18.05.2020 registered under Section 447 IPC at Police Station Pasyana, District Patiala 1
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% 09.08.2024 (N.S.SHEKHAWAT) mks JUDGE Whether Speaking/Reasoned: YES / NO Whether Reportable:
YES / NO