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2021 Supreme(P&H) 47

ARVIND SINGH SANGWAN
Surinder Jit Singh – Appellant
Versus
State of Punjab – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sanjiv Gupta, Advocate
For the Respondent:Mr. Joginder Pal Ratra, DAG, Punjab, Mr. Surinder Sharma, Advocate

JUDGMENT :

ARVIND SINGH SANGWAN, J.

1. The short point involved in this petition is “whether the police officials, in the garb of maintaining law and order qua a property, which is subject matter of two pending civil suits before Civil Court, between two real brothers, can put its own lock and hand over key to MHC of police station, without taking recourse either under Sections 145/146 Cr.P.C. or Order 40 Rule 1 CPC for appointment of a receiver, or such action of police amount to colourable exercise of power, thereby overreaching the powers of Civil Court, which has even granted stay in favour of one party.”

2. Prayer in this petition is for quashing of enquiry report dated 09.08.2017 submitted by the Assistant Commissioner of Police, Central, Jalandhar as well as the order dated 24.08.2017 passed by the Deputy Commissioner of Police (investigation), Jalandhar for Commissioner of Police, Jalandhar and to further hand over the inquiry to an officer not below the rank of I.G. Police outside Jalandhar Range, as the local police authorities are favouring respondent No.10 with regard to a shop in dispute.

3. Brief facts of the case are that one shop bearing No.EF-62 (B VII/743) situated in

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