Judgment:
Cr.Misc.-M- 18829 of 2014 1 212 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cr.Misc.-M- 18829 of 2014 Date of decision: 16.07.2014.
Varinder Singh and another ….Petitioners Versus State of Punjab and others ….Respondents CORAM: HON’BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.
Present: Mr.K.S.Kahlon, Advocate for the petitioneRs.Mr.Vaibhav Sharma, DAG, Punjab.
Mr.J.K.Singla, Advocate for respondent No.2.
***** TEJINDER SINGH DHINDSA J.
(Oral) This order shall dispose of the instant petition filed under Section 438 Cr.P.C.seeking the concession of pre-arrest bail in case FIR No.45 dated 27.04.2014 under Sections 379, 148 & 149 IPC registered at Police Station Raikot, District Ludhiana (Rural).Counsel for the parties have been heard.
FIR in question was registered on the complaint of Niranjan Singh who has stated that he is the owner in possession of land measuring 9 Bighas 6 Biswas situated at Village Lohat Baddi.
Allegations against the present petitioner are with regard to having harvested the wheat crop on 26.04.2014 pertaining to land measuring 2 Bighas under the ownership of the complainant.
Kanchan 2014.07.21 11:00 I attest to the accuracy and integrity of this document Chandigarh Cr.Misc.-M- 18829 of 2014 2 During the couRs.of arguments, it has gone un-controverted that there are civil proceedings pending between the parties in the light of which one suit for permanent injunction was initiated by the complainant- Niranjan Singh against the present petitioners and subsequently a suit having been initiated by the present petitioners against the complainant on 16.04.2014.
Such proceedings are in relation to the same piece of land.
The ownership as regards land from which the petitioners had allegedly harvested the wheat crop is under dispute.
The alleged occurrence is stated to be of 26.04.2014 i.e.subsequent to the initiation of the civil proceedings.
Under such circumstances and coupled with the fact the petitioners have joined investigation as informed by State Counsel, this Court is of the considered view that their custodial interrogation would not be warranted.
Petition is allowed and the order dated 28.05.2014 passed by this Court is made absolute.
Disposed of.
(TEJINDER SINGH DHINDSA) JUDGE1607.2014.
yakub Kanchan 2014.07.21 11:00 I attest to the accuracy and integrity of this document Chandigarh