High Court of Punjab and HaryanaCRM-M/33520/2021disposed of

Baljinder Singh v. State Of Ut Chandigarh

2021-08-18Mr. Justice Raj Mohan Singh3 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 18.08.2021 Baljinder Singh ......Petitioner Vs State of U.T., Chandigarh .....Respondent (Through Video Conferencing) CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Jagtar Kureel, Advocate for the petitioner.

Mr. J.S. Toor, A.P.P, U.T., Chandigarh.

**** RAJ MOHAN SINGH, J. (Oral) Learned counsel for the petitioner submits that complaint filed by Ravi Kumar was duly inquired by the police and found that the dispute is civil in nature. Additional Sessions Judge passed the order after perusing the inquiry file on 04.12.2020 when ASI Surender Kaur appeared before the Court and recorded the statement of ASI Surender Kaur to the effect that the issue is civil in nature. In view of statement made by ASI Surender Kaur, learned counsel for the petitioner made a statement before the

Court to withdraw the petition. The petition was ordered to be dismissed as withdrawn vide order dated 04.12.2020 itself. The order dated 04.12.2020 is reproduced hereasunder:- "ASI Surender Kaur has appeared in person and has produced the inquiry file. Complaint made by Ravi Kumar has been perused.

Counsel for petitioners and learned Addl. PP have been heard.

On the asking of the Court as to the nature of dispute between the parties, ASI Surender Kaur has replied that dispute pertains to give and take of money which therefore is of civil nature.

Her separate statement has been recorded.

In view of the statement so made by ASI Surender Kaur, Sh. Anil Gogna, Advocate has also made a statement desiring to withdraw the present petition.

As a result of the statement so suffered, present petition stands dismissed as withdrawn. File be consigned to record room after due compliance."

Thereafter, some inquiry was in offing at the instance of DSP (East), Police Station Sector-26, Chandigarh. During pendency of inquiry anticipatory petition filed by the petitioner was rendered infructuous.

Today, Learned A.P.P, U.T., Chandigarh states that the dispute has been found to be civil in nature and for closing

inquiry, only presence of the petitioner is required before the DSP. Statement of the petitioner is required to be recorded and no coercive step against the petitioner is being contemplated at this stage.

In view of statement made by learned A.P.P., U.T., Chandigarh, let the petitioner appear before DSP (East), Police Station Sector-26, Chandigarh on 27.08.2021 at 11:00 AM. Let needful be done by the police.

Disposed of.

(RAJ MOHAN SINGH) 18.08.2021 JUDGE Prince Whether speaking/reasoned Yes/No Whether reportable Yes/No