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AVTAR SINGH versus STATE OF PUNJAB & ANR

High Court of Punjab and Haryana, Chandigarh

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Avtar Singh v. State of Punjab & Anr - CRM-70892-M-2006 [2006] RD-P&H 9988 (7 November 2006)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Crl. Misc. No. 70892-M of 2006

DATE OF DECISION : 14.11.2006

Avtar Singh

.... PETITIONER

Versus

State of Punjab and another

..... RESPONDENTS

CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present: Mr. D.D. Sharma, Advocate,

for the petitioner.

* * *

Petitioner Avtar Singh, who is accused in case FIR No. 383 dated 5.8.2006 under Sections 447, 511, 427 IPC, registered at Police Station Phase-I, S.A.S. Nagar, Mohali, has filed this petition under Section 482 of the Code of Criminal Procedure for issuing direction to respondent No.1 to transfer investigation of the case to the Crime Branch (IVC), Punjab Police, Chandigarh.

Contention of the petitioner is that he is owner of the land in question, which the complainant claims to be owned by him. This question, in my opinion, will be considered by the investigating agency and in this regard, the civil remedy is also available to the petitioner. As far as this case is concerned, there is specific allegation against the petitioner that he has cut the crop of the complainant, which was standing in the land in dispute.

In view of this, I am not inclined to order for transfer the investigation of the case.

Dismissed.

November 14, 2006 ( SATISH KUMAR MITTAL ) ndj JUDGE


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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