KRISHAN KUMAR SINGLA & Anr. v. STATE OF HARYANA & Ors.
Case at a glance
Provisions considered
- Constitution of India art. 226
- Code of Criminal Procedure, 1973 ss. 107, 150
Key paragraphs
- Para 44. In view of the submissions made by the learned counsel for respondents No.5 and 8 as well as learned State counsel, no further orders are required to be passed at this stage and the present petition is accordingly disposed off.
Judgment
CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present: Mr. Alok Mittal, Advocate for the petitioners. Ms. Sheenu Sura, DAG, Haryana for respondents No.1 to 4. Mr. Deepender Singh, Advocate for respondent No.5. Mr. Harsh Jain, Advocate for respondent No.8. N.S.SHEKHAWAT, J. (Oral)
The petitioners have filed the present petition under Article 226 of the Constitution of India with a prayer to issue directions to respondents No.2 to 4 to protect the life and liberty of the present petitioners and their family members as they apprehend imminent threat at the hands of respondents No.5 to 9.
Learned counsel appearing on behalf of respondents No.5 and 8 submits that the petitioners have encroached upon the land adjoining a house and respondent No.5, who is managing the affairs of the colony/area had gone there to remove the encroachment only and there is no threat to the life and liberty of the petitioners. Learned counsel appearing for respondents No.5 and 8 submits that since the petitioners have encroached upon the land illegally, they shall peacefully initiate the action in accordance with law.
On the other hand, learned State counsel submits that the police MAMTA 2024.08.14 14:06 I attest to the accuracy and integrity of this order/judgment CRWP-6611-2023 -2- 2024:PHHC:103933 had received a representation from the petitioners on 08.05.2023. Another representation dated 11.05.2023 was not found in the police record. However, after receipt of the first representation dated 08.05.2023, the matter was duly investigated by the police officers and on 22.05.2023, even the statement of petitioner No.2 was recorded. She further contends that the police had already taken action against the persons, who were found to be guilty and a kalandra dated 01.06.2023 under Sections 107 and 150 Cr.P.C. (Annexure R-2) has already been presented before the Court of Executive Magistrate, SDM, Kalka.
In view of the submissions made by the learned counsel for respondents No.5 and 8 as well as learned State counsel, no further orders are required to be passed at this stage and the present petition is accordingly disposed off.
In case the petitioners are threatened by any other resident of the area, they shall be at liberty to file an appropriate application before the concerned Police Station and the police shall take necessary legal action, in accordance with law, without any delay.
Disposed off.
12.08.2024 M.Sikka (N.S.SHEKHAWAT) JUDGE Whether reasoned/speaking : Whether reportable : Yes/No Yes/No MAMTA 2024.08.14 14:06 I attest to the accuracy and integrity of this order/judgment
Questions this judgment answers
Which statutory provisions did this judgment involve?
Constitution of India — art. 226; Code of Criminal Procedure, 1973 — ss. 107, 150.
Which court decided this case, and when?
Punjab & Haryana High Court, on 12 Aug 2024. The bench was N S SHEKHAWAT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.