IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Criminal Misc.25704-M of 2003
DATE OF DECISION : DECEMBER 22, 2008
PREM CHAND ....... PETITIONER(S)
VERSUS
MUNICIPAL COMMITTEE, SOHNA .... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: None for the petitioner(s).
Mr. Sachin Mittal, Advocate, for respondent.
AJAI LAMBA, J. (Oral)
It transpires that Municipal Committee, Sohna, filed an
application under Section 133, Code of Criminal Procedure, against
petitioner-Prem Chand, as the petitioner had encroached upon 237 square
yards of common passage.
The matter was taken up by the Sub Divisional Magistrate,
Gurgaon. A conditional order was passed. Subsequently, when the
petitioner did not file reply, his defence was struck off and the order was
made absolute.
A revision petition was carried by the petitioner. In para-7, it
finds mention that reply dated 23.4.2002, indeed, had been filed on behalf
of the petitioner and had been marked by the Sub Divisional Magistrate,
Criminal Misc.25704-M of 2003 2
Gurgaon, on the same day. On a hyper technical ground that the reply had
been filed after passing of order dated 23.4.2002, whereby the defence of
the petitioner had been struck off, it was not taken into account.
I am of the considered opinion that the parties are required to
be heard and the reply of the petitioner could not have been ignored on a
technicality.
Accordingly, the petition is allowed. Orders (Annexures P-4
and P-6) are hereby set-aside. The Sub Divisional Magistrate, Gurgaon,
shall consider the reply dated 23.4.2002 filed on behalf of the petitioner,
hear both the parties and, thereafter, pass the final order.
The parties are directed to appear before the Sub Divisional
Magistrate, Gurgaon, on 12.1.2009.
In view of the delay already caused and considering that
obstruction of a common passage is involved, the Sub Divisional
Magistrate, Gurgaon, would deal with the matter and dispose it of within
two months i.e. by 12.3.2009.
December 22, 2008 ( AJAI LAMBA ) Kang JUDGE