SANTOKH SINGH AND ANOTHER v. STATE OF PUNJAB AND OTHERS
CRWP/5614/2025 · 2025-05-29
Harpreet Kaur Jeewan
body2025
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[ 2025 DAILYLAW 64235 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 64235 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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116 116 116 116 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
CRWP CRWP CRWP CRWP----5614 5614 5614 5614----2025 (O&M) 2025 (O&M) 2025 (O&M) 2025 (O&M)
DATE OF DECISION: 29.05.2025 DATE OF DECISION: 29.05.2025 DATE OF DECISION: 29.05.2025 DATE OF DECISION: 29.05.2025
SANTOKH SINGH AND ANOTHER SANTOKH SINGH AND ANOTHER SANTOKH SINGH AND ANOTHER SANTOKH SINGH AND ANOTHER
......PETITIONERS ......PETITIONERS ......PETITIONERS ......PETITIONERS
Vs. Vs. Vs. Vs.
STATE OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS STATE OF PUNJAB AND OTHERS
.........RESPONDENTS .........RESPONDENTS .........RESPONDENTS .........RESPONDENTS
CORAM:
CORAM:
CORAM:
CORAM:
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN
Present: Mr. Rajat Dogra, Advocate,
for the petitioners.
Ms. Ramta Chowdhary, D.A.G., Punjab.
***** HARPREET KAUR JEEWAN, J. (ORAL) HARPREET KAUR JEEWAN, J. (ORAL) HARPREET KAUR JEEWAN, J. (ORAL) HARPREET KAUR JEEWAN, J. (ORAL)
1.
The present Criminal Writ Petition has been filed under Article 226 of the Constitution of India read with Section 528 of the ‘Bharatiya Nagarik Suraksha Sanhita’, 2023 for issuance of directions to the official respondents No. 1 to 5 to protect the life and liberty of the petitioners at the hands of the private respondents No. 6 to 15.
2.
Learned counsel for the petitioners inter alia contends that petitioner No. 2-Gurmeet Singh, along with Kulwant Singh and Atma Singh, have filed a civil suit for permanent injunction, on the basis of their possession which was for the last 60 years on the land in question, against some of the private respondents. The said civil suit was dismissed by the Civil Judge (Junior Division), Amritsar, vide order dated 19.02.2016. However, the appellate Court had held the finding in favour of petitioner No. 2-Gurmeet Singh, vide judgment dated 15.03.2018 (Annexure P-1). ATUL SETHI 2025.05.30 18:13 I am the author of this document Chandigarh
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Thereafter, respondent No. 6-Dalvir Singh Khera tried to interfere in the possession of the plaintiff and petitioner No. 2-Gurmeet Singh filed another civil suit, whereby he was granted ex-parte ad-interim stay, vide order dated 30.04.2025 (Annexure P-2). Petitioner No. 1-Santokh Singh is 65 years of age and is apprehending threat to his life and liberty at the hands of the private respondents despite there being a civil litigation pending in the Court and an ad-interim order in favour of petitioner No. 2-Gurmeet Singh. As such, petitioner No. 1-Santokh Singh filed a representation, dated 02.05.2025 (Annexure P-5) before the Senior Superintendent of Police, Amritsar (Rural)-respondent No. 3, but no action has been taken so far. 3. Notice of motion. 4. On the asking of the Court, Ms. Ramta Chowdhary, D.A.G., Punjab, accepts notice on behalf of respondents No. 1 to 5-State. 5. In view of the facts of the present case, this Court feels that issuance of notice to the private respondents No. 6 to 15 would unnecessarily delay the proceedings, as such, issuance of notice to the private respondents No. 6 to 15 is dispensed with. 6. Keeping in view the innocuous prayer made, seeking written response from respondents No. 1 to 5 is also dispensed with. 7. Keeping in view the facts and circumstances of the present case, without making any comment on the actual merits of the case, the present petition is disposed of with a direction to the Senior Superintendent of Police, Amritsar (Rural)-respondent No. 3, to decide the aforesaid representation, dated 02.05.2025 (Annexure P-5) filed by petitioner No. 1- Santokh Singh, within a period of one month from the receipt of the ATUL SETHI 2025.05.30 18:13 I am the author of this document Chandigarh
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certified copy this order.
8. It is again made clear that this Court is making no comment regarding the civil rights of the parties inter se. 9. Pending miscellaneous application(s), if any, shall also stand
disposed of.
MAY 29, 2025 MAY 29, 2025 MAY 29, 2025 MAY 29, 2025
(HARPREET KAUR JEEWAN) (HARPREET KAUR JEEWAN) (HARPREET KAUR JEEWAN) (HARPREET KAUR JEEWAN) nitin
JUDGE JUDGE JUDGE JUDGE
Whether Speaking
Yes/No
Whether Reportable
Yes/No ATUL SETHI 2025.05.30 18:13 I am the author of this document Chandigarh