Case BriefsHigh Courts

Punjab and Haryana High Court: Petitioner filed before the bench of Gurvinder Singh Gill, J., an application for grant of anticipatory bail where FIR was registered under Sections 307, 326, 324, 325, 148 and 149 of Penal Code.

The FIR was filed alleging petitioner that he inflicted a blow with kirch in the stomach of the complainant and his nephew was also injured in the process. Petitioner submitted that genesis of occurrence was suppressed as he himself had received 7 injuries. Further, the incident occurred in a shop possessed by the petitioner which shows that complainant was the aggressor. Whereas the respondent submitted that since petitioner was specifically mentioned in the FIR and allegations against him were duly established in the Medico-Legal Report thus no case for anticipatory bail was made out.

High Court perused a judgment passed by Civil Judge (Junior Division) Amritsar where an uncle of the complainant, had filed a civil suit against a petitioner seeking a permanent injunction to restrain the defendant from causing any damage to the shops. The aforementioned suit was dismissed where the petitioner had failed to establish entitlement towards a suit property. As stated by petitioner the appeal against the above was dismissed. However, the Court was of the view that since petitioner had 7 injuries whose aggressor was not certain anticipatory bail must be granted. [Raj Kumar v. State of Punjab, 2019 SCC OnLine P&H 151, dated 26-02-2019]

Case BriefsHigh Courts

Patna High Court: A Single Judge Bench comprising of Mohit Kumar Shah, J. while hearing a civil writ petition ruled that the district administration was not empowered to order sealing of a property and direct eviction of the possessor therefrom.

The present petition was filed praying for quashing order of Sub-Divisional Magistrate, Gaya whereby petitioner’s shop had been sealed on the basis of a complaint of his landlady alleging that despite demanding the petitioner-tenant to vacate the shop, he had refused to do so and had instead, threatened her.

The Court opined that the District administration was not empowered to seal the shop of the petitioner at the instance of his landlady. Petitioner’s eviction or sealing of his shop could have taken place only after following the due process of law. If the landlady wanted to evict the petitioner, she was free to approach the Court of competent civil jurisdiction for the said purpose.

In view of the above, the petition was allowed and impugned order was quashed. District Administration was directed to open the seal of petitioner’s shop and hand over its possession to him within three days of the date of the present order.[Ram Pravesh Yadav v. State of Bihar, 2018 SCC OnLine Pat 2170, decided on 05-12-2018]