SANT BABA GURMAIL SINGH Vs. SUBHASH KATAK & ORS
LAWS(P&H)-2012-7-536
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 16,2012

SANT BABA GURMAIL SINGH Appellant
VERSUS
SUBHASH KATAK And ORS Respondents

JUDGEMENT

- (1.) As per the facts narrated in this petition, respondent Nos.5 to 8, who wanted to grab the college land of the petitioner in connivance with the local politicians, initiated proceedings under Section 145/146 CrPC against the petitioner. The Sub Divisional Magistrate vide order dated 16.8.2011, appointed a receiver on the land of the petitioner. The said order was challenged by the petitioner by filing CRM No.M-36468 of 2011. On 2.12.2011, while issuing notice of motion, this Court passed following order in the aforesaid criminal miscellaneous application:- "Learned counsel for the petitioner has vehemently argued that for the mismanagement of the registered society Section 145 Cr.P.C. cannot be invoked nor property of the society can be attached under Section 146(1) Cr.P.C. Notice of motion for 21.03.2012. Meanwhile operation and effect of order dated 16.08.2011 shall remain stay."
(2.) According to the petitioner, it requested the Sub Divisional Magistrate to hand over the management and administration of the college to the petitioner-Society. However, the respondents kept on delaying the matter on one pretext or the other.
(3.) Since the order dated 2.12.2011 passed by this Court in CRM No.M-36468 of 2011 was not complied with, the instant petition was filed for initiation of contempt proceedings against the respondents.;


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