SURINDER JIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The short point involved in this petition is "whether the police officials, in the garb of maintaining law and order qua a property, which is subject matter of two pending civil suits before Civil Court, between two real brothers, can put its own lock and hand over key to MHC of police station, without taking recourse either under Ss. 145/146 Cr.P.C. or Order 40 Rule 1 CPC for appointment of a receiver, or such action of police amount to colourable exercise of power, thereby overreaching the powers of Civil Court, which has even granted stay in favour of one party."

(2.) Prayer in this petition is for quashing of enquiry report dtd. 9/8/2017 submitted by the Assistant Commissioner of Police, Central, Jalandhar as well as the order dtd. 24/8/2017 passed by the Deputy Commissioner of Police (investigation), Jalandhar for Commissioner of Police, Jalandhar and to further hand over the inquiry to an officer not below the rank of I.G. Police outside Jalandhar Range, as the local police authorities are favouring respondent No.10 with regard to a shop in dispute.

(3.) Brief facts of the case are that one shop bearing No.EF-62 (B VII/743) situated in Mandi Fanton Ganj, Jalandhar was originally owned by Avtar Singh, who was real paternal uncle of petitioner Surinder Jit Singh as well as respondent No.10 Narinder Pal Singh. Said Avtar Singh bequeathed the shop in favour of his brother late Mohinder Singh by way of the Will, who was father of the petitioner as well as respondent No.10. After the death of Avtar Singh, Mohinder Singh became exclusive owner of the shop on the basis of Will, which was upheld in a judgment and decree dtd. 3/10/1980 passed by the Sub Judge, Jalandhar.