Dalwir Kaur vs Ut Chandigarh And Ors
2022 Latest Caselaw 7085 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

                                             CRM-M-30005-2022
                                             Date of Decision: 18.07.2022

Dalwir Kaur

                                                               ... Petitioner(s)
                                    Versus

U.T. Chandigarh and others

                                                           ... Respondent(s)

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present: Mr. Rishu Mahajan, Advocate, for the petitioner.

Mr. Amit Kumar Goyal, APP, U.T., Chandigarh.

HARNARESH SINGH GILL, J.(Oral)

The present petition has been filed under Section 482

Cr.P.C., for issuance of directions to respondent No.2 to get conducted a

fair and independent inquiry in the complaint dated 26.06.2022

(Annexure P-2), moved by the petitioner against respondent No.4.

Learned counsel for the petitioner submits that husband of

the petitioner and respondent No.4 are the owners of House No.1047,

situated at Sector 36-C, Chandigarh, to the extent of half share, on the

basis of registered Will dated 29.09.1987 executed by their father, and

that the suit for separation of possession of the aforesaid house, was filed

by respondent No.4 and the same had been decreed, vide judgment dated

15.09.2020, and that however, respondent No.4 had started raising the

construction beyond his share despite the fact that the civil appeal is

pending before Addl. District Judge.

Learned APP, U.T. Chandigarh submits that respondent No.3

has received the said complaint on 14.07.2022; that the same is under is

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CRM-M-30005-2022 /2/

under investigation, and that the power of attorney holder of the

petitioner has been called for.

Keeping in view the fact that the matter is still under

investigation, the prayer of the petitioner cannot be accepted at this stage,

as it would tantamount to interference in the case.

The present petition is, accordingly, dismissed.

18.07.2022                                     (HARNARESH SINGH GILL)
parveen kumar                                          JUDGE

Note:           Whether speaking/reasoned               :        Yes/No
                Whether reportable                      :        Yes/No




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