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2025 DAILYLAW 73465 (PNJ)

BALWINDER SINGH AND OTHERS v. STATE OF PUNJAB AND ANOTHER

CRM-M/45712/2021 · 2025-07-11

H S Grewal

body2025

Judgment text

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CRM-M-45712-2021 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 241 CRM-M-45712-2021 (O&M) Date of Decision 11.07.2025 Balwinder Singh and others .... Petitioners VERSUS State of Punjab and another ...Respondents CORAM: HON’BLE MR. JUSTICE H.S. GREWAL Present: Mr. K. S. Dadwal, Advocate for the petitioners. Mr. Manvir Singh Toor, AAG, Punjab. **** H.S. GREWAL, J. (ORAL) 1. The present petition has been filed under Section 482 Cr.P.C. for quashing of the impugned order dated 20.01.2021 registered under Sections 448, 511 IPC at Police Station Division No.7, Police Commissionerate, Jalandhar (Annexure P-4) and all subsequent proceedings including the report submitted under Section 173(2) Cr.P.C. dated 08.09.2021 (Annexure P-8). 2. Learned counsel for the petitioners submits that petitioners are owner in possession of property and cannot be prosecuted for the offence of trespass. The petitioners have also associated with the police and produced all the documents along with Civil Court decree (Annexure P-1) and ownership record but none of these has been taken into consideration at the time of filing of challan. 3. I have heard learned counsel for the petitioner and have gone through the materials available on record. ANIL KUMAR 2025.07.25 16:12 I attest to the accuracy and integrity of this document CRM-M-45712-2021 (O&M) 2 4. In view of the prayer made hereinabove, it is directed that petitioners shall appear before the trial Court and move an application and to place on record the documents which have not been considered by the Police at the time of filing of challan. Trial Court is directed to consider the application, if the same is filed within three weeks before the date fixed. The trial Court shall pass the speaking order in accordance with law considering the documents which are to be placed on record. The present petition is disposed of accordingly. 5. In this case petitioners No.1 and 2 are senior citizens, they may file the application for their exemption from their personal appearance before the Court. If the said application is filed, the trial Court may also consider the same accordingly. 6. Pending application(s), if any, shall stand disposed of. (H.S. GREWAL) 11.07.2025 JUDGE anil Whether speaking/ reasoned: Yes/No Whether Reportable: Yes/No ANIL KUMAR 2025.07.25 16:12 I attest to the accuracy and integrity of this document