High Court of Punjab and Haryana, Chandigarh
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Harish Chander & Ors v. State of Haryana & Ors - CRM-78800-M-2006  RD-P&H 12374 (11 December 2006)
Crl. Misc. No. 78800-M of 2006
DATE OF DECISION : 15.12.2006
Harish Chander and others
State of Haryana and others
CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. Jayoti Parshad Sharma, Advocate, for the petitioners.
* * *
The petitioners, who are residents of village Unispur, Tehsil Nilokheri, District Karnal, have filed this petition under Section 482 of the Code of Criminal Procedure for issuing direction to respondents No.1 to 5 to initiate criminal proceedings against the Sarpanch, Block Development and Panchayat Officer, Tehsildar, Panchayat Secretary and Patwari of the village.
I have heard counsel for the petitioners.
From the petition, it appears that on several times, the petitioners had made complaints to the Deputy Commissioner for taking action against the Sarpanch for his removal as he has mis-appropriated the Panchayat funds and has encroached upon the Panchayat land. From the reading of the petition, it further appears that the petitioners are having dispute with the Panchayat of the village and due to that dispute, they are now levelling allegations that respondents No.6 to 10 have trespassed the peaceful possession of the petitioners in khasra no. 43 the land and removed their four walls and other properties illegally and forcibly. For these allegations, the petitioners have alternative remedy under the civil law as well as criminal law. In these facts and circumstances, I am not inclined to exercise the inherent powers of this court under Section 482 Cr.P.C.
December 15, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE
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