Disposed
Bir Parkash Malhotra & Ors. v. State of Punjab
Punjab & Haryana HCCRM-M/17721/2011
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In the High Court of Punjab and Haryana at Chandigarh
Criminal Misc. No.M-17721 of 2011
Date of decision:22.7.2011
Bir Parkash Malhotra and others
.....Petitioners v.
State of Punjab
.....Respondent
Present: Mr. Atul Lakhanpal, Senior Advocate with Mr. Arjun Lakhanpal, Advocate for the petitioners.
Mr. U.S. Dhaliwal, Additional Advocate General, Punjab for the respondent-State.
S.S. Saron, J.
Heard learned counsel for the parties.
Learned senior counsel for the petitioners submits that Baldev Raj Malhotra (petitioner No.2) has died. It is submitted that the petition, however, survives qua petitioners No.1 and 3.
Earlier Criminal Misc. No.M-5370 of 2010 was filed by the petitioners which was disposed of on 22.11.2010 with the direction that in case the petitioners were to be arrested in connection with a case other than FIR No.161 dated 22.9.2009, Police Station City Moga; FIR No.234 dated 15.10.2009, Police Station City Muktsar; FIR No.175 dated 25.6.2009, Police Station City Rajpura and FIR No.31 dated 3.2.2010, Police Station City Muktsar they shall be given three days' notice in advance before arresting them. The said order was to remain operative for a period of six months.
Cr. Misc. No.M-17721 of 2011
[2]
According to the learned senior counsel for the petitioners, the period of six months has expired and business rivalry between petitioner No.1 and the complainant still continues. Therefore, it is submitted that the petitioners' interim protection may be extended for further period of six months.
In response, Mr. U.S. Dhaliwal, learned Additional Advocate General, Punjab appearing for the State, on instructions from HC Gurdeep Singh, Police Station City Muktsar, submits that cancellation report has been prepared in FIR No.234 dated 15.10.2009 and FIR No.31 of 3.2.2010. It is further submitted, on instructions from HC Hardev Singh, Police Station Rajpura City, that challan has been filed in FIR No.175 dated 25.6.2009. In FIR 161 dated 22.9.2009, Police Station Moga, it is submitted that the trial is pending.
Keeping in view the facts and circumstances of the present case, the criminal miscellaneous petition is disposed of in respect of petitioners No.1 and 3 with the direction that in view of the orders passed on 22.11.2010 in Criminal Misc. No.M-5370 of 2010 in case the petitioners No.1 and 3 are to be arrested in connection with a criminal case other than the aforementioned FIRs, they shall be given three days' notice in advance before arresting them. The order shall remain operative for a period of six months from today. The criminal miscellaneous petition is dismissed as having become infructuous qua petitioner No.2.
July 22, 2011.
(S.S. Saron) Judge
hsp
Bir Parkash Malhotra and others
State of Punjab
S.S. Saron
As recorded by the court registry
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