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High Court of Punjab and HaryanaCRM-M/28874/2023disposed of

Mohinder Pal Chawla v. State Of Punjab And Others

2023-08-23Mr. Justice Arun Monga2 pages

CRM-M-28874-2023 2023:PHHC:110301

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-28874-2023 Date of decision: 23.08.2023 Mohinder Pal Chawla ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Armaan Gagneja, Advocate for the petitioner.

Mr. Dhruv Dayal, Addl. A.G., Punjab.

***** ARUN MONGA, J. (ORAL) Instant is a petition under Section 482 Cr.P.C. for issuance of directions to respondent No.5 not to harass the petitioner and his wife unnecessarily and to prohibit respondent No. 5 from visiting the house of the petitioner and not to interfere in petitioner's life. 2.

Learned counsel for petitioner submits that respondent No. 5 and a few unknown police officials visit the shop of the petitioner and create ruckus over there. They visit his shop and threaten him to advance them money without any collateral security and forget it after advancing the same. 2.1 He would further canvass that no FIR has been registered against the petitioner. He and his family are being repeatedly called by respondent Nos.5 and other police officials without complying with the mandatory provisions of Section 160 Cr.P.C.

3.

Notice of motion.

HARISH KUMAR 2023.08.31 08:44 I attest to the accuracy and authenticity of this order/judgment

CRM-M-28874-2023 2023:PHHC:110301 -24.

On asking of Court, learned State counsel accepts notice on behalf of the respondent-State of Punjab. He, on instructions from HC Jagmeet Singh, submits that respondent No.2 would comply with the mandatory provisions of the Cr.P.C., including the provisions of Section 160 Cr.P.C., before calling petitioner, in case the petitioner is not involved in any other case.

5.

In the premise, present petition is disposed of with a direction to the official respondents to issue a notice under Section 160 Cr.P.C. in writing before calling the petitioner for any enquiry, in case there is no FIR already registered against the petitioner.

6.

Pending application(s), if any, shall also stand disposed of. ( ARUN MONGA ) JUDGE 23.08.2023 Harish Kumar Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No HARISH KUMAR 2023.08.31 08:44 I attest to the accuracy and authenticity of this order/judgment