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2026 DAILYLAW 37102 (PNJ)

AMRITPAL SINGH v. STATE OF PUNJAB AND OTHERS

CRM-M/48300/2026 · 2026-08-27

Shalini Singh Nagpal

Transfer Petitionbody2026

Judgment text

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120 IN THE HIGH COURT OF PUNJAB AND HARYANA CHANDIGARH CRM-M-48300-2026 (O&M) Date of Decision: 27.08.2026 AMRITPAL SINGH …Petitioner V/S STATE OF PUNJAB AND OTHERS …Respondents CORAM: HON’BLE MS. JUSTICE SHALINI SINGH NAGPAL Present: Mr. Himanshu Puri, Advocate for Mr. Sunny K. Singla, Advocate for the petitioner. Mr. Kunwarbir Singh, AAG Punjab. *** SHALINI SINGH NAGPAL J. (Oral) The petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 seeks direction to respondent No. 4 not to interfere in free plying of vehicle of the petitioner bearing registration No. PB-10-ES- 2011. Learned counsel for the petitioner submits that petitioner purchased a commercial vehicle after taking loan from respondent No. 4 in 2024 against hypothecation but when he could not pay few installments, respondent No. 4 and its agents multiple times interfered in free plying of the vehicle, though petitioner had paid substantial loan amount. Representation (Annexure P-3) was moved before the police but no action was taken on the same. Relying upon judgment of Hon’ble Supreme Court in Manager, ICICI Bank Ltd. Vs. Prakash Kaur and Others 2007(2) RCR(Criminal) 76, he submits that respondent No. 4 could not interfere in plying of the vehicle or repossess it except in due course of law. He submits that at this stage, petitioner would be satisfied if appropriate direction is issued to the respondent No.2-Commissioner AJAY GOSWAMI 2026.08.27 19:35 I attest to the accuracy and integrity of this document CRM-M-48300-2026 (O&M) -2- No.2-Commissioner of Police, Ludhiana to consider and decide representation dated 17.07.2026 (Annexure P-3) moved by petitioner and take necessary action thereupon in a time bound manner. Notice of motion to official respondents only. Mr. Kunwarbir Singh, AAG Punjab, who is present in the Court, accepts notice on behalf of official respondents and submits that submits that enquiry on petitioner’s representation was underway and the needful would be done in due course. Keeping in view the limited prayer made by petitioner, the present petition is disposed of with a direction to respondent No. 2- Commissioner of Police, Ludhiana to decide the aforesaid representation dated 17.07.2026 (Annexure P-3) submitted by petitioner within a period of one month from today by passing a reasoned and speaking order in accordance with law and take necessary action, if so required. However, if, respondent No.2 does not find any substance in the allegations levelled in the representation (Annexure P-3), the petitioner shall be informed as per mandate of law. Pending CRM(s), if any, also stand disposed of. (SHALINI SINGH NAGPAL) 27.08.2026 JUDGE Ajay Goswami Whether speaking/reasoned Yes/No Whether reportable Yes/No AJAY GOSWAMI 2026.08.27 19:35 I attest to the accuracy and integrity of this document