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High Court of Punjab and HaryanaCRM-M/31700/2023disposed of

Tarsem Singh v. State Of Punjab And Others

2023-07-05Mr. Justice Arun Monga2 pages

CRM-M-31700-2023 (O&M) 2023:PHHC: 084956

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-31700-2023 (O&M) Date of decision: July 05, 2023 Tarsem Singh ....Petitioner

Versus

State of Punjab and others ....Respondents

CORAM:

HON'BLE MR. JUSTICE ARUN MONGA Present:- Mr. Kanwar Pahul Singh, 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 respondents No.1 and 2 not to harass the petitioner unnecessarily, by repeatedly calling him in the office of respondent No.2Deputy Superintendent of Police, Ajnala, District Amritsar, without complying with the provisions of Section 160 Cr.P.C., on the false complaint given by respondents No.3 to 5.

2.

Learned counsel for petitioner has submitted that in the present case a dispute of civil nature has been sought to be given the colour of a criminal case. It is further submitted that no FIR has been registered against the petitioner and he is being repeatedly called by respondent no.2 at the behest of respondents No.3 to 5 without complying with the mandatory provisions of Section 160 Cr.P.C.

3.

Notice of motion.

ASHISH 2023.07.07 16:18 I attest to the accuracy and integrity of this judgment/order

CRM-M-31700-2023 (O&M) 4.

On the asking of Court, learned State counsel appears and accepts notice on behalf of respondent-State of Punjab. He has submitted that he is fully prepared to assist the Court and submits that respondent no.2 would comply with the mandatory provisions of the Cr.P.C., including the provision of Section 160 Cr.P.C., before calling the 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 July 05, 2023 ashish Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No ASHISH 2023.07.07 16:18 I attest to the accuracy and integrity of this judgment/order