KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner has filed this petition under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973 for setting aside the order of framing of charge and chargesheet dated 14.10.2011 (Annexure P-3 and P-4) respectively and order dated 08.05.2012 whereby revision filed by the petitioner was dismissed and all the subsequent proceedings arising therefrom.

(2.) Prosecution story, in brief, is that land bearing Khasra No.47 belonged to the Gram Panchayat and petitioner had illegally constructed a wall in the said Khasra number.

(3.) Learned counsel for the petitioner has submitted that in the proceedings initiated against the petitioner by the Gram Panchayat under Section 7 of the Punjab Village Common Lands (Regulation) Act, 1961 for his eviction, it had failed to establish that the land in question vests in it. In this regard, learned counsel has placed reliance on order dated 10.04.2012 (Annexure P-7) passed by the Divisional Deputy Director, Rural Development and Panchayat, Patiala (exercising the powers of collector).