High Court of Punjab and HaryanaCRM-M/38081/2014allowed

Surjit Singh And ORS. v. State Of Punjab And ORS.

2019-01-25Lok Adalat Bench - 12 pages

CRM-M-38081-2014 (O&M) -1-

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRM-M-38081-2014 (O&M) Date of Decision: 25.01.2019 Surjit Singh and others .... Petitioners

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN

Present:

Mr. Arun Jindal, Advocate for the petitioners. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. Rakesh Bhatia, Advocate for respondents No. 2 and 3. RAMENDRA JAIN, J. (ORAL) Through this petition under Section 482 Cr.P.C., prayer has been made for quashing Kalandra dated 10.03.2014 (Annexure P-1), under Section 145 Cr.P.C., Police Station Anaj Mandi, Patiala; order dated 12.06.2014 (Annexure P-3) passed by Sub Divisional Magistrate, Patiala and the order dated 01.10.2014 (Annexure P-5) passed by the learned Additional Sessions Judge, Patiala.

Learned counsel inter alia contends that the petitioners have won the battle against respondents No. 2 and 3, up-to Hon'ble the Supreme Court. Therefore, the impugned Kalandra dated 10.03.2014 (Annexure P-1), under Section 145 Cr.P.C., Police Station Anaj Mandi, Patiala; order dated 12.06.2014 (Annexure P-3) passed by Sub Divisional Magistrate, Patiala, vide which Naib Tehsildar was appointed as receiver RISHU KATARIA 2019.01.30 11:17 I attest to the accuracy and integrity of this document

CRM-M-38081-2014 (O&M) -2under Section 146 Cr.P.C. and the order dated 01.10.2014 (Annexure P-5) of the Revisional Court, are liable to be set aside. Learned counsel for respondents No. 2 and 3, has not disputed the factum of winning of the petitioners on civil side up to Hon'ble the Supreme Court against respondent No. 2. Since, the rights of the parties have already been decided on civil side, therefore, the impugned Kalandra dated 10.03.2014 (Annexure P-1), under Section 145 Cr.P.C., Police Station Anaj Mandi, Patiala; order dated 12.06.2014 (Annexure P-3) passed by Sub Divisional Magistrate, Patiala and the order dated 01.10.2014 (Annexure P-5), of the revisional Court having lost their significance cannot be sustained. Accordingly, the same are set aside.

The instant petition is accepted in toto.

January 25, 2019 (RAMENDRA JAIN) rishu JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No RISHU KATARIA 2019.01.30 11:17 I attest to the accuracy and integrity of this document