Gurshant Singh v. State Of Punjab And ORS

Vinod Kumar 2018.04.06 15:12 I attest to the accuracy and integrity of this document

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.7852 of 2018 Date of decision:28.03.2018 Gurshant Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

Coram:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. R.S.Randhawa, Advocate, for the petitioner.

**** Rakesh Kumar Jain, J.

The petitioner has made two prayers in this petition; firstly for quashing the FIR No.25 dated 17.03.2018, registered under Sections 447/448/427/34 IPC and Sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984 and secondly, for restraining the respondents from interfering in his possession.

After hearing learned counsel for the petitioner and considering the aforesaid prayers, I am of the considered opinion that as regards the issue of interference by the respondents in possession of the petitioner, he has the remedy of approaching the Civil Court by way of filing the Civil Suit for grant of injunction and in regard to the second prayer for quashing the FIR, he has the remedy of filing a petition under Section 482 of the Cr.P.C. However, no ground is made out in this petition to invoke extraordinary jurisdiction of this Court under Article 226/227 of the Constitution of India. Consequently, the present petition is hereby dismissed. March 28, 2018 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No