RAJ KUMAR GARG Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS') laying challenge to the impugned order dtd. 24/3/2025 (Annexure P-5) passed by learned Additional Sessions Judge, Kurukshetra (hereinafter referred to as 'Sessions Judge'), whereby Criminal Revision No.116 of 2023 filed by respondent No.2, against the order dtd. 7/11/2023 passed by the learned Sub Divisional Magistrate, Thanesar, District Kurukshetra (hereinafter referred to as 'SDM') which restricted both the parties to interfere in the shop in question and appointed a receiver to take possession of the shop in question, was allowed while setting aside the order dtd. 7/11/2023 ibid.

(2.) The case in hand bears a chequered history, deeply entrenched in mutual animosity between the parties, which appears to have propelled them into engaging in judicial adventurism, thereby reducing the sanctity of the Court to that of a battleground, driven primarily by a desire to vindicate personal egos. Such a backdrop assumes greater significance while appreciating the factual conspectus and in assessing whether the criminal machinery has been set into motion bona fide or merely as a stratagem to settle private vendettas under the guise of legal discourse.

(3.) On behalf of the State of Haryana, being respondent No.1, a separate reply by way of an affidavit dtd. 25/8/2025 has been filed in the matter. But in the said reply it is simply mentioned that the contents of Petition need no reply on behalf of the State and in this manner the State has not put any serious resistance to the petition.