PARAMJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE grievance of the petitioner is that despite the order dated 14.6.1997 passed by the Judicial Magistrate, 1st Class, Amritsar for the release of the vehicle i.e. Tata Sumo bearing No. PB -02 -K -8846 was ordered to be released subject to the condition mentioned in the order. The police has not released the vehicle. Thereafter, the petitioner approached the Judicial Magistrate, 1st Class, Amritsar again who passed order dated 1.7.1997 which reads as under : "Heard."

(2.) THE Court passed another order on 2.7.1997 which indicates that in view of the adamant stand of the police, J.M.I.C referred the matter to this Court for initiating contempt proceedings.

(3.) THE respondent filed reply in the shape of affidavit of Gian Singh, Inspector/S.H.O., P.S. Islamabad wherein again the matter has been contested regarding the order passed by the Judicial Magistrate, 1st Class, Amritsar in releasing the vehicle to the petitioner. It may be pointed out that the police officers cannot sit over the orders passed on the judicial side by the Courts of competent jurisdiction. In case, they feel aggrieved by a particular order, they can seek remedy in law by filing an appeal, revision or review whatsoever remedy is available in a particular case or may in a given case, they can approach this Court by filing application under Section 482 of the Criminal Procedure Code. However, as long as the order of the court stands intact and operative, the same has to be complied with. The action of the police authority in this case has to be deprecated.