LAKHWANT SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the application filed under Section 482 of the Code of Criminal Procedure, 1973 (in short the Rs. Cr.P.C.). Respondents had filed an application praying for quashing the First Information Report (in short the Rs. FIR) registered against them for alleged commission of theft on 13.7.1999. Statement in the FIR was that while executing the order in their favour possession of land of the complainant was illegally taken in execution of warrant of possession. The High Court accepted the prayer holding that the aforesaid aspect of the matter can be examined if any objections are filed before the concerned Court that warrant officer/bailiff acted beyond the warrant of possession, and this could not give rise to registration of the crime and, therefore, the matter is before us.

(2.) Learned Counsel for the appellant had referred to document appearing at Annexure R/6 and submitted that without even analyzing the factual and legal aspects, by an abrupt conclusion the learned Single Judge should not have quashed the proceedings. With reference to the objections filed before the High Court it was pointed out that the challan had already been filed in the Court, and learned Judicial Magistrate, Ist Class had committed the case to the court of Sessions Judge, Amritsar. Certain other factual aspects have also been referred to. It was further pointed out that while considering the application filed in terms of Section 438 Cr.P.C., learned Additional Sessions Judge, Amritsar had passed a detailed order highlighting the role played by respondents 1 to 5.

(3.) Learned Counsel for respondents 1 to 5 supported the judgment of the trial Court.