Allowed

Baljinder Singh v. State of Punjab and Others

Punjab & Haryana HC3 Sept 2024CRM-M/42937/2024

Case brief

AI extract

What is this about?

Petition filed under Section 528 BNSS seeking registration of a case against private respondents for illegal construction and forgery. The court declined to register the case directly, instead directing the petitioner to file a representation to the Commissioner of Police within two weeks for a reasoned decision. Liberty reserved for further remedies. No adjudication on merits.

What did the court decide?

Petitioner directed to file representation to Commissioner of Police within two weeks; Police to decide within two months. Liberty reserved.

Baljinder Singh Vs State of Punjab… — Pension and Retirement Benefits | Punjab & Haryana HC (2024)

¶1

CRM-M-42937-2024

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

111 CRM-M-42937-2024 Date of Decision: 03.09.2024

Baljinder Singh

...Pe��oner

Versus

State of Punjab and others …Respondents

¶9

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

¶10

Present: Mr. Sarabjit Singh Sidhu, Advocate, for the pe��oner.

¶11

Ms. Swa� Batra, D.A.G., Punjab. (through video conferencing).

¶12

¶13

ANOOP CHITKARA, J. (ORAL)

¶14

The present pe��on has been filed under Sec�on 528 of BNSS Act, 2023 for issuance of a direc�on to official respondent No. 2 to register a case and further to take ac�on as per law against the private respondents for se1ng illegal colony in the land of pe��oner by threaten�ng and commi1ng forgery, viola�ng building laws and against the instruc�ons of respondent No. 3.

¶15

No�ces are served upon the official respondents through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of no�ces to the private respondents is required.

¶16

A7er arguing for some �me, counsel for the pe��oner submits that he would be contended and sa�sfied, in case he is permi8ed to file a fresh representa�on and concerned authority be directed to decide the same in a �me bound manner.

¶17

Let the pe��oner make a representa�on to the concerned Commissioner of Police in this regard, within two weeks from today. If the pe��oner files a representa�on with in the above-men�oned �me period of two weeks, then, the same shall be decided by the concerned Commissioner of Police, within two months, either himself/herself or by authorizing and delega�ng it to any officer holding IPS cadre. It is clarified that such order must be a reasoned order, and the same be communicated to the representa�onists without delay. In the representa�on, pe��oner to men�on the email

¶18

JYOTI id of his counsel so that the concerned officer could communicate them the outcome. 2024.09.05 09:57 I attest to the accuracy and integrity of this order/judgment.

¶19

CRM-M-42937-2024

¶20

¶21

Liberty reserved to the pe��oner to file fresh pe��on or to take other legal remedies in accordance with the law.

¶22

It is clarified that there is no adjudica�on on merits. It is further clarified that this order shall not come in the way if the interroga�on of the pe��oner is required in any cognizable case.

¶23

There would be no need for a cer�fied copy of this order, and any Advocate for the Pe��oner and State can download this order and other relevant par�culars from the official web page of this court and a�est it to be a true copy. The concerned officer can also verify its authen�city and may download and use the downloaded copy for immediate use.

¶24

Pe..on is allowed to the extent men.oned above . All pending applica�ons, if any, stand disposed.

¶25

(ANOOP CHITKARA) JUDGE 03.09.2024 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.

¶26

JYOTI 2024.09.05 09:57 I attest to the accuracy and integrity of this order/judgment.

Baljinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

Baljinder Singh v. State of Punjab and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Randhir Singh Alias Dhira Vs State of Punjab

Dhirender Singh Rathore Vs State of Punjab

Jagir Singh Vs State of Punjab and Others

Rajvir Singh and Another Vs State of Punjab and Another

Gulshan Kumar Vs State of Punjab

Deepak Garg Vs State of Punjab and Others