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Punjab-Haryana High Court

Peter Sahota @ Peter Masih vs State Of Haryana And Others on 17 July, 2023

Author: Arun Monga

Bench: Arun Monga

                        CRM-M-34102-2023 (O&M)                              2023:PHHC:089229

                        118

                                   IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                  CHANDIGARH

                                                                CRM-M-34102-2023 (O&M)
                                                                Date of decision: July 17, 2023

                        Peter Sahota @ Peter Masih
                                                                                         ....Petitioner
                                                            Versus
                        State of Haryana and others
                                                                                      ....Respondents

                        CORAM: HON'BLE MR. JUSTICE ARUN MONGA

                        Present:-      Mr. Sandeep Arora, Advocate
                                       for the petitioner.

                                       Ms. Svanee Jaswal, Addl.A.G., Haryana.
                                                   *****

                        ARUN MONGA, J. (ORAL)

Instant is a petition under Section 482 Cr.P.C. for issuance of directions to respondents No.2 to 4 not to harass the petitioner unnecessarily, by repeatedly calling him in the police station, without complying with the provisions of Section 160 Cr.P.C., allegedly on the false complaint given by respondents No.5 to 8.

2. Learned counsel for petitioner submits that respondent No.5- Balwinder Singh was having dispute regarding some payment with one Rajpal Raju, who is the distant relative of petitioner. Only to pressurize him, he has filed a false and frivolous complaint against petitioner. It is further submitted that no FIR has been registered against the petitioner and he is being repeatedly called by official respondents at the behest of respondents ASHISH 2023.07.19 18:26 Page 1 of 2 I attest to the accuracy and integrity of this judgment/order CRM-M-34102-2023 (O&M) 2023:PHHC:089229 No.5 to 8 without complying with the mandatory provisions of Section 160 Cr.P.C.

3. Notice of motion.

4. On the asking of Court, learned State counsel appears and accepts notice on behalf of respondent-State of Haryana. At the outset, she submits that official respondents would comply with the mandatory provisions of the Cr.P.C., including the provision of Section 160 Cr.P.C., before calling the petitioner to appear before concerned police official.

5. In the premise, present petition is disposed of with a direction to the official respondents to issue a notice under Section 160 Cr.P.C. in writing before calling the petitioner for any enquiry, in case there is no FIR already registered against the petitioner.

6. Pending application(s), if any, shall also stand disposed of.




                                                                             ( ARUN MONGA )
                                                                                  JUDGE
                        July 17, 2023
                        ashish
                                     Whether speaking/reasoned:       Yes/No

                                     Whether reportable:              Yes/No




ASHISH
2023.07.19 18:26                                                                              Page 2 of 2
I attest to the accuracy and
integrity of this judgment/order