Punjab-Haryana High Court
Surinder Singh vs State Of Haryana & Ors on 5 September, 2013
Author: Amol Rattan Singh
Bench: Amol Rattan Singh
CRR No.2329 of 2013 (O&M) -:1:-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRR No.2329 of 2013 (O&M).
Date of decision : September 5, 2013.
Surinder Singh
...... Petitioner
Versus
State of Haryana & Ors.
...... Respondents
CORAM : HON'BLE MR.JUSTICE AMOL RATTAN SINGH
***
Present : Mr. Sanjiv Gupta, Advocate,
for the petitioner.
Mr. G.S. Sandhu, A.A.G. Haryana.
Mr. S.S. Momi, Advocate,
for respondent No.2.
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AMOL RATTAN SINGH, J. (Oral)
Learned counsel for the petitioner contends that the order of the learned Additional Sessions Judge, i.e. the 1st Revisional Court, remanding the case to the Sub-Divisional Magistrate, for hearing the matter afresh with regard to proceedings under Sections 145 & 146, Cr.P.C., would not be objected to, provided the SDM hears the matter afresh, uninfluenced by any observation of the Revisional Court and takes his decision on the basis of material led in evidence before him, by both sides. Learned counsel for the respondents submits that the observations of the 1st Revisional Court, i.e. the Sorot Gaurav 2013.09.09 10:44 I attest to the accuracy and integrity of this document CRR No.2329 of 2013 (O&M) -:2:- Additional Sessions Judge, should not be diluted with regard to the factum of possession, or probability of factum of possession, as it is based upon appreciation of material before that Court.
Either which way, I do not see what material difference it would make, in view of the fact that the observation of the first Revisional Court is on the basis of the revenue record which was presented before that Court and both parties would be free to present all material before the SDM, in proceedings under Sections 145 & 146 Cr.P.C., including, obviously, revenue record and civil litigation etc., to show possession of the land in question.
This petition is, therefore, disposed of, with the direction that the Sub-Divisional Magistrate would consider the material before him afresh, as presented by both parties and take his decision by following proper procedure as envisaged in Section 145 (& 146 Cr.P.C. if necessary), uninfluenced by any consideration, other than the material placed before him. While passing any order, he would deal with each specific contention raised and all material placed before him, in the order to be passed by him. In case an order under Section 146 Cr.P.C. is also found necessary to be passed, he would satisfy himself whether any emergency, as stipulated in that provision (Section 146), exists or not.
The parties would appear before the Sub-Divisional Magistrate on 17.09.2013.
Petition disposed of.
( AMOL RATTAN SINGH )
September 5, 2013 JUDGE
Gaurav Sorot
Sorot Gaurav
2013.09.09 10:44
I attest to the accuracy and
integrity of this document