Crl.Misc.No.M-21802 of 2009 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-21802 of 2009. Decided on: February 01, 2010. Sukhdev Singh .. Petitioner VERSUS State of Punjab and another .. Respondents * * * CORAM: HON'BLE MR.JUSTICE M.M.S.BEDI * * * PRESENT Mr.A.K.Walia, Advocate, for the petitioner. Mr.Arshvinder Singh, DAG, Punjab, for the respondent-State. Mr.Balwinder Singh, Advocate, for applicant-respondent No.2. M.M.S. BEDI, J. (ORAL) Maintainability of the criminal proceedings against the petitioner depends upon the area of the land which has been sold by him by dividing the same into three plots. Counsel for the petitioner claims that he is neither a colonizer nor a promoter within the definition of Punjab Apartment and Properties Regulation Act,1995 and the Rules framed thereunder. . . . 1 Crl.Misc.No.M-21802 of 2009 State counsel informs that the challan is to be presented in this case and that the petitioner is not traceable. After hearing the counsel for the parties, this petition is disposed of with liberty to the petitioner to satisfy the Court concerned that he does not fall within the definition of promoter or colonizer and that in case all the allegations are believed to be true no offence is made out. In case the petitioner is able to establish that he does not fall within the ambit of provisions of Punjab Apartment and Properties Regulation Act,1995, it will be open to the trial Court to discharge him. All the pleas taken in this petition can be taken up before the court of competent jurisdiction after the report under Section 173(2) Cr.P.C., is presented in the Court. The question of no proposal of sanction can also be taken up before the trial Court. Disposed of. (M.M.S.BEDI) JUDGE February 01, 2010. rka . . . 2