Khajan Singh Hadda vs State Of Haryana And Others on 9 August, 2012

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Punjab-Haryana High Court

Khajan Singh Hadda vs State Of Haryana And Others on 9 August, 2012

Bench: M.M.S.Bedi

CRM No.M-6167 of 2012 (O&M)



      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                             CRM No.M-6167 of 2012 (O&M).
                             Decided on: August 9, 2012.

Khajan Singh Hadda
                                                        .. Petitioner

                 VERSUS

State of Haryana and others
                                                    .. Respondents
                           ***
CORAM:           HON'BLE MR.JUSTICE M.M.S.BEDI
                           ***
PRESENT          Mr.Sanjay Mittal, Advocate, for the petitioner.

                 Mr.Subash Godara, Addl.A.G., Haryana.

M.M.S. BEDI, J. (ORAL)

Petitioner had sent a communication to the Chief Justice Secretariat levelling allegations that on Republic Day i.e., 26.1.2012, the SDM, Mahendergarh and other judicial officers connived with a couple of Advocates and sent police and Goondas to his house in violation of the law of the country and arrested him. The communication was converted into a petition under Section 482 Cr.P.C. Notice was issued.

Reply has been filed. Copy of pamphlets circulated by the petitioner challenging the democratic set up of the country and instigating the people to celebrate 26.1.2012, as black day by burning National Flag of India and the effigies of political people has been placed on record. FIR No.31 of 25.1.2012, under Section 153-B IPC, has been registered against the petitioner and he was arrested in the said FIR. Copy of the FIR has also been placed on ...1 CRM No.M-6167 of 2012 (O&M) record. The grievance of the petitioner which is left to be adjudicated upon is whether the petitioner had been illegally arrested at the instance of the officials mentioned by him. Since the petitioner has been arrested in a criminal case, it will always be open to the petitioner to put forth his defence that he has been involved in the case at the instance of some executive or judicial officers or the Advocates. The circumstances do not warrant issuance of any direction, at this stage. It will also be open to the petitioner to establish during trial that Annexure R1, Pamphlet has not been issued by him or that no offence is constituted under Section 153-A IPC.

Disposed of.

(M.M.S.BEDI) JUDGE August 9, 2012.

rka ...2

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