The petition under Section 482 Cr.P.C. sought protection from harassment in a civil dispute over earnest money. The court allowed the petitioner to withdraw the petition with liberty to pursue remedies once an FIR was registered.
Petition dismissed as withdrawn with liberty to avail legal remedies after FIR registration.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM M-26715 of 2011 Date of Decision:6.2.2012
Fauja Singh and another
Versus
State of Punjab and others
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. B.S. Bhalla, Advocate for the petitioners. Mr. Navdeep Sukhna, D.A.G. Punjab.
1.Whether Reporters of Local Newspapers may be allowed to see the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.(Oral)
The present petition under Section 482 Cr.P.C. has been filed for issuance of direction to respondent No.2 to protect the life and liberty of the petitioners and their family members on the ground that respondent No.3 is harassing the petitioner to return the earnest money given by respondent No.4 in pursuance to the agreement to sell.
It is contended that the petitioners are ready to execute the sale deeds in favour of respondent No.4. As such, respondent No.3 cannot force them to return the earnest money.
While issuing notice of motion, S.S.P. Moga was directed to look into the matter and file his affidavit as to under what circumstances, in a civil dispute, the petitioner have been summoned under Section 160 Cr.P.C.
Reply has been filed by the State. As per the reply, notice under Section 160 Cr.P.C. was issued in pursuance to the complaint
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CRM M-26715 of 2011
received from respondent No.4.
It is evident from the said reply on the said date when notice of motion was issued, no FIR was pending against the present petitioners.
Today, learned counsel appearing on behalf of the State on instructions from ASI Dilbagh Singh submits that an FIR has since been registered against the petitioners.
In view of the above, learned counsel for the petitioners prays that he may be allowed to withdraw the present petition with liberty to avail of legal remedies available to him in accordance with law in view of the FIR having been registered.
Dismissed as withdrawn with liberty as prayed for.
6.2.2012 ( NIRMALJIT KAUR ) rajeev JUDGE
2 issues framed by the court
Whether the petition under Section 482 Cr.P.C. for protection from harassment in a civil dispute regarding earnest money should be allowed when an FIR was not pending at the time of the petition.
Whether the petitioners are entitled to withdraw the petition upon registration of an FIR.
2 provisions across 1 enactments
Fauja Singh
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
