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High Court of Punjab and HaryanaCRM-M/28657/2019dismissed

Balbir Singh v. State Of Punjab And Others

2019-11-28Mr. Justice Surinder Gupta2 pages

CRM-M-28657-2019 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Criminal Misc. No.M-28657 of 2019 (O&M) Date of Decision: November 28, 2019 Balbir Singh ......PETITIONER(s).

VERSUS

State of Punjab and others ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Ranjit Sharma, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

CRM-35281-2019 This is application for placing on record copy of jamabandi (Annexure P-6) and statement of account (Annexure P-7). The same are taken on record subject to all just exceptions. Application stands disposed of accordingly.

CRM-M-28657-2019 Heard.

Learned counsel for the petitioner has argued that petitioner had been sending money to his wife as per Annexure P-5 for purchase of property in his name but she has misappropriated the money sent to her. He further submits that she has forcibly taken possession of land of her father and his house as well.

On perusal of complaint, copy of which has been filed as SACHIN MEHTA 2019.11.29 12:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh

CRM-M-28657-2019 -2Annexure P-5, I find that petitioner has mentioned 42 instances of sending money to his wife on monthly or bimonthly basis between 01.05.2014 to 08.10.2018. The amount sent to the wife range between `20,000/- to `5,00,000/- during the period of 53 months. Even if, this amount has been spent by her, it cannot be said that commission of offence of misappropriation on her part, is attracted.

It has been alleged that the private respondents have taken forcible possession of property of father of petitioner who is alive and is all competent to avail the remedy available to him in this regard. In view of the above, no reason is made out to give any direction to the police to take action against private respondents in view of plea raised by the petitioner.

This petition has no merits. Dismissed. The petitioner shall, however, be entitled to avail other legal remedy available to him and nothing observed herein shall be taken as expression of opinion on merits of the case.

( SURINDER GUPTA ) November 28, 2019 JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2019.11.29 12:37 I attest to the accuracy and authenticity of this document High Court, Chandigarh