Amanpreet Singh Randhawa vs State Of Punjab And Others
2023 Latest Caselaw 20912 P&H

Punjab-Haryana High Court

Amanpreet Singh Randhawa vs State Of Punjab And Others on 2 December, 2023

Author: Mahabir Singh Sindhu

Bench: Mahabir Singh Sindhu

                                                            Neutral Citation No:=2023:PHHC:153533




CRM-M No.60298 of 2023 (O&M)                  Neutral Citation No. 2023:PHHC:153533




                                                                                          106



      IN THE HIGH COURT OF PUNJAB AND HARYANA
                   AT CHANDIGARH


                                              CRM-M No.60298 of 2023 (O&M)
                                              Date of Decision: 02.12.2023



Amanpreet Singh Randhawa
                                                                         ......... Petitioner
                                        Versus
State of Punjab and others
                                                                      ......... Respondents


CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU


Present:-     Mr. Nipun Bhardwaj, Advocate for the petitioner.

              Mr. Jaiteshwar S. Bhandari, AAG, Punjab
              for respondent Nos.1 to 3.

                                         ****

MAHABIR SINGH SINDHU, J.

Present petition has been filed under Section 482 of the Code of

Criminal Procedure, 1973 for issuance of appropriate directions to respondent

No.4-Cholamandalam Investment and Finance Company Limited not to interfere

in the free plying of the vehicle bearing registration No.PB-10-HN-9539 by the

petitioner.

(2) It is alleged that respondent No.4 is taking the possession of

aforesaid vehicle by way of using force, which is not permissible in view of the

judgments of Hon'ble the Supreme Court, titled as "Manager, ICICI Bank

Ltd. Versus Prakash Kaur & Ors.", reported in 2007 (2) RCR (Criminal) 76

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Neutral Citation No:=2023:PHHC:153533

CRM-M No.60298 of 2023 (O&M) Neutral Citation No. 2023:PHHC:153533

as well as "ICICI Bank Versus Shanti Devi Sharma & Others", reported in

2008(3) RCR (Criminal) 463.

(3) In view of the above, present petition is disposed off with the

observation that respondent No.4 may proceed against the petitioner for recovery

of dues and/or any other measure(s), but in accordance with law.

(4) Needless to say that in case occasion so arises, petitioner would be

able to take recourse to the remedy available under law.

(5) Pending application(s), if any, shall also stand disposed off.

December 2, 2023                                  ( MAHABIR SINGH SINDHU )
Gagan                                                      JUDGE

                         Whether speaking/reasoned      Yes/No
                            Whether Reportable          Yes/No




                                                           Neutral Citation No:=2023:PHHC:153533

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