Dismissed

Gurchet Singh v. State of Haryana and Ors.

Punjab & Haryana HC11 Jul 2012CRM-M/5221/2012

Case brief

AI extract

What is this about?

The High Court dismissed a petition filed under Section 482 CrPC seeking police action, holding it infructuous as action had already been taken and the dispute involved civil questions over land possession between closely related parties.

What did the court decide?

Petition dismissed as infructuous with liberty to move complaints to police authorities if aggrieved by any subsequent action or threat.

Gurchet Singh Vs State of Haryana… — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

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Criminal Misc. No. M-5221 of 2012

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-5221 of 2012 Date of decision: 11.07.2012.

Gurchet Singh

..Petitioner

Versus

State of Haryana and others ..Respondents CORAM: HON'BLE MRS. JUSTICE DAYA CHAUDHARY

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Present: None for the petitioner.

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Mr. Sanjeev Goyal, Legal Officer Panchayats, for respondents No.1 to 3-State.

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None for respondents No.4 to 10.

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Daya Chaudhary, J. (Oral)

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The present petition has been filed under Section 482 of the Code of Criminal Procedure for direction to respondents to take action on the complaint filed by the petitioner to Senior Superintendent of Police, Sirsa vide diary No.1987-PC dated 08.09.2008 and other complaints for protection of life and liberty of the petitioner along with his family members.

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Notice of motion was issued in the case on 24.02.2012.

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In response to notice of motion, reply has been filed by the State which is on record. Mr. Sanjeev Goyal, Legal Officer Panchayats, appearing for the State, submits that the present petition has been filed without disclosing material facts as action has already been taken on the complaints submitted by the petitioner and this fact has not been mentioned in the petition, which amounts to concealment and the petition is liable to be dismissed on this ground

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Criminal Misc. No. M-5221 of 2012

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alone.

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On perusal of the reply, it appears that the petitioner and respondents No.4 to 7 are closely related to each other and dispute between the parties is with regard to the possession over some agricultural land. It has also been mentioned that alleged incident took place on 15.05.2008 and FIR No.76 dated 23.05.2008 under Sections 427, 447, 148 and 149 IPC has already been registered on the statement of respondent No.5 against the present petitioner and the complaint No.1987-PC dated 08.09.2008 was given by the petitioner but no action could be taken on the same as the FIR has already been registered. It has also been mentioned that the petitioner has also filed criminal complaint against respondents No.4 to 9, which is still pending in the court of Chief Judicial Magistrate, Sirsa and is fixed for 06.08.2012.

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In view of the statement made by Mr. Sanjeev Goyal, Legal Officer Panchayats, as well as the reply, no further action action is required and the present petition has become infructuous.

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Dismissed as infructuous.

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In case, the petitioner still feels aggrieved by any action of the respondents or any apprehension of threat is there, he is at liberty to move complaint/representation to the Police authorities, which shall be looked into by the concerned authorities and necessary order be taken in accordance with law.

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(DAYA CHAUDHARY) JUDGE

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11.07.2012 neetu

Gurchet Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Gurchet Singh v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

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