Sukhdev Singh v. State Of Punjab And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision:12.10.2021 Sukhdev Singh ......Petitioner Vs State of Punjab and others .....Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Monty Goyal, Advocate for the petitioner.

Mr. Bhupender Beniwal, AAG, Punjab.

**** RAJ MOHAN SINGH, J. (Oral) Petitioner seeks issuance of necessary directions to the official respondents to serve at least 7 days notice in the event of contemplating lodging of FIR against the petitioner. On 06.09.2021, following order was passed:- "Learned counsel for the petitioner submits that no FIR has been registered but the Police is pressurizing the petitioner to pay an amount of Rs.1,90,000/- at the instance of respondent No.5 and a complaint has been received in this regard by the Police. The Economic Offences Wing at Patiala is

raiding the house of the petitioner. Prayer of the petitioner is that in the event of his arrest advance notice be given to him so that he may avail his legal remedies.

Notice of motion for 23.09.2021.

On asking of the Court, Mr. Sandeep Kumar, D.A.G., Punjab accepts notice on behalf of the respondent/State.

Learned State counsel may apprise this Court whether any FIR is sought to be lodged against the petitioner on the complaint filed by respondent No.5 in respect of money due towards the petitioner.

Grant of blanket bail may not be feasible in the present case, however if any FIR is contemplated against the petitioner in the context of amount of Rs.1,90,000/- as claimed by respondent No.5 in the pending complaint before the Economic Offences Wing at Patiala, then till the next date appropriate advance notice be issued to him before his arrest."

Learned State counsel on instructions from SI Sham Lal submits that no FIR has been lodged so far. Petitioner has been joined in the inquiry. Petitioner has explained his position. The inquiry is still pending.

This petition is disposed of with a direction to the inquiry officer that in the event of any contemplation for lodging of FIR in the context of an amount of Rs.1,90,000/- to be recovered from the petitioner at the instance of respondent No.5, advance notice of 7 days be issued to the petitioner, so as

to allow him to avail his legal remedies in accordance with law. Disposed of.

(RAJ MOHAN SINGH) 12.10.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No