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Supreme Court - Daily Orders

Gurudwara Guru Granth Sahib Ji Birajman ... vs Gurjit Dass Alias Gurjit Singh on 22 November, 2024

Author: Sudhanshu Dhulia

Bench: Sudhanshu Dhulia

                                                           1

     ITEM NO.31                                  COURT NO.14                       SECTION II-B

                                     S U P R E M E C O U R T O F            I N D I A
                                             RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                           No(s).    15920/2024

     [Arising out of impugned final judgment and order dated 04-10-2024
     in CRM-M No. 34979/2024 passed by the High Court of Punjab &
     Haryana at Chandigarh]

     GURUDWARA GURU GRANTH SAHIB JI BIRAJMAN DHARAMSHALA                             Petitioner(s)

                                                          VERSUS

     GURJIT DASS @ GURJIT                      SINGH & ORS.                   Respondent(s)

     (FOR ADMISSION )

     Date : 22-11-2024 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SUDHANSHU DHULIA
                             HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH


     For Petitioner(s)                   Mr. Satinder Gulati, Adv.
                                         Mr. Raj Kishor Choudhary, AOR
                                         Mr. Mohit Gupta, Adv.


     For Respondent(s)


                              UPON hearing the counsel the Court made the following
                                                 O R D E R

Heard learned counsel for the petitioner.

The High Court, in exercise of its jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has quashed the proceedings against the respondent no.1 arising out of Kalandra No.10 dated 27.06.2024 registered with Police Station Signature Not Verified Doraha, Police District Khanna, District Ludhiana, Punjab under Digitally signed by Nirmala Negi Date: 2024.11.27 17:32:51 IST Reason: Section 145 of the Code of Criminal Procedure (hereinafter called “the Cr.P.C.”), for the reason that admittedly civil proceedings 2 are also going on between the parties where they have made claims and counter claims against each other. Under these circumstances, the proceeding under Section 145 of the Cr.P.C. is totally uncalled for.

We see no reason to interfere with the order passed by the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India.

The present petition is, accordingly, dismissed. Pending application(s), if any, stand (s) disposed of.

(NIRMALA NEGI)                                    (RENU BALA GAMBHIR)
COURT MASTER (SH)                                 COURT MASTER (NSH)