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High Court of Punjab and HaryanaCRWP/11007/2023disposed of

Balwant Rai Shastri v. State Of Punjab And Others

2025-04-30Mr. Justice H.S. Grewal2 pages

CRWP No.11007 of 2023 (O&M) -1-    251 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.11007 of 2023 (O&M) Date of decision: 30.04.2025 Balwant Rai Shastri .....Petitioner

Versus

State of Punjab and Others .....Respondents

CORAM:

HON'BLE MR. JUSTICE H.S. GREWAL

Present:

Mr. Ravneet Singh Joshi, Advocate for the petitioner. Mr. Amandeep Singh Samra, AAG, Punjab.

Mr. Piyush Aggarwal, Advocate for respondent No.4. ***    

 The present petition has been filed under Article 226 of the Constitution of India praying for protection of life and liberty of petitioner by directing respondent Nos.2 and 3 to serve 15 days prior notice before adding any non bailable offence in FIR No.82 dated 29.08.2020 under Sections 447, 448 IPC, 1860 registered at Police Station Phase 8, Mohali, SAS Nagar Mohali. 2.

Aggrieved by the order dated 25.10.2023 passed by the Court of learned Additional Sessions Judge-3, SAS Nagar, Mohali wherein the petitioner has been asked to deposit Rs.5,000/- as costs, and the said Court observed that the petitioner has wasted the time of Court and indulged in filing the application in a bailable offence. It is further stated that the petitioner apprehended that the offence would be enhanced to the non-bailable one and has therefore, approached this Court. The Coordinate Bench of this Court vide order dated 14.11.2023 had directed the petitioner to join investigation. Sonia Puri 2025.05.03 15:20 I attest to the accuracy and integrity of this document

CRWP No.11007 of 2023 (O&M) -2-   3.

Reply to the present petition already stands filed. 4.

I have heard learned counsel for the parties and perused the material placed on record.

5.

In view of given facts and circumstances, the present petition is disposed of and the impugned order dated 25.10.2023 is set aside to the extent of depositing of Rs.5000/- of fine. It is further directed that the petitioner shall join investigation in terms of order dated 14.11.2023 passed by this Court.  30.04.2025 (H.S. GREWAL) Sonia Puri JUDGE  Whether speaking/ reasoned : Yes / No Whether reportable : Yes / No  Sonia Puri 2025.05.03 15:20 I attest to the accuracy and integrity of this document