Dismissed

Parminder Singh v. St of Pb

Punjab & Haryana HC12 Dec 2012CRA-D/558/2005

Case brief

AI extract

What is this about?

This disposition addressed an appeal filed under Section 394 Cr.P.C. for abatement and release of a tractor. The Court held that the appeal abated due to the appellant's death without legal representatives pursuing it. The tractor was ordered released to the registered owner or their power of attorney, allowing LRs to claim possession.

What did the court decide?

Criminal miscellaneous application disposed of; criminal appeal dismissed as abated; tractor released to registered owner or power of attorney.

Parminder Singh Vs St of Pb — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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Crl. Appeal No.D-558-DB of 2005 (O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Appeal No.D-558-DB of 2005 (O & M) Date of decision:12.12.2012

Parwinder Singh

.....Appellant

Versus

State of Punjab

..... Respondent

CORAM : HON’BLE MR. JUSTICE S.S.SARON HON’BLE MR. JUSTICE S.P.BANGARH

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Present: Ms. Shivani Singla, Advocate for the appellant.

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Mr. S. S. Dhaliwal, Addl. AG, Punjab.

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S.S. SARON, J.

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The Crl. Misc. No.32039 of 2012 has been filed under Section 394 read with Section 482 of the Code of Criminal Procedure (Cr. P.C-for short) for deciding the appeal as having abated and for permitting the LRs to continue with the possession of Tractor bearing registration No.RJ-17-R-0187.

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It is submitted that Parwinder Singh son of Sukhraj Singh who is the sole appellant in the case has died and the appeal, therefore, stands abated as against him. It is further submitted that the LRs of the deceased may be allowed to retain the tractor.

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It may be noticed that the details of the LRs are not available. However, it is not in dispute that Parwinder Singh (appellant) has died. His death certificate (A-7) has been placed on record with Crl. Misc. No.32039 of 2012. The original certificate as also translation are on record. Parwinder Singh-appellant died on 22.07.2009. None of the legal representatives of Parwinder Singh

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Crl. Appeal No.D-558-DB of 2005 (O & M)

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has come to pursue the appeal on his behalf.

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In the circumstances, the appeal stands abated in terms of Section 394 Cr.P.C.

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Insofar as the tractor is concerned, it may be noticed that this Court in terms of order dated 30.08.2005 directed the learned Chief Judicial Magistrate, Muktsar to release the tractor bearing No.RJ-17-R-0187 on 'superdhari' to its registered owner/his power of attorney. The learned Chief Judicial Magistrate was at liberty to put any condition on releasing tractor on 'superdhari'.

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In the circumstances, the tractor is to be released in the name of its registered owner or his power of attorney. In case the registered owner of the tractor is Parwinder Singh-appellant (who has since died), his legal representatives may make their claim in this regard in accordance with law.

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For the foregoing reasons, the criminal miscellaneous application is disposed of and the criminal appeal stands dismissed as having abated.

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( S. S. Saron ) Judge

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( S.P. Bangarh ) Judge

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12.12.2012 A.Kaundal

Parminder Singh v. St of Pb

Case brief

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What did the court decide?

Parminder Singh v. St of Pb

Case brief

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