IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-33198 of 2008 Date of decision:March 15, 2010 Gurcharan Singh Petitioner Versus State of Punjab and others Respondents CORAM : HON'BLE MRS. JUSTICE DAYA CHAUDHARY Present: Mr. PPS Duggal, Advocate for the petitioner Ms. Bhavna Gupta, DAG Punjab for the respondent - State Mr. B.S. Bali, Advocate for respondent No. 5 DAYA CHAUDHARY, J. (ORAL) The present petition has been filed under Section 482 Cr.P.C. for direction to respondent No. 2 i.e. Deputy Commissioner, Faridkot to take action on the report, on the basis of demarcation conducted on 01.12.2006. Learned counsel for respondent No. 5 submits that the petitioner was found in illegal possession of the Gram Panchayat land and in compliance of demarcation report, Deputy Commissioner, Faridkot wrote letter to B.D.P.O. to remove the illegal construction and possession of the petitioner from the land. Learned counsel for respondent No. 5 further submits that another application was moved on behalf of one Gurmeet Singh at the instance of petitioner only and that report was prepared in favour of the petitioner but the respondent No. 5 was also not called at the time of conducting demarcation. Crl. Misc. No. M-33198 of 2008 2 Learned counsel for the petitioner further submits that at present he would be satisfied, if the present petition is disposed of with a direction is issued to refer his case to Area Judicial Magistrate and to decide the same under Section 190(1)(c) Cr.P.C. as the powers under this Section vests with the Magistrate to proceed in accordance with law and when such like complaint is received by the Area Judicial Magistrate (Ist class) , who shall form an opinion whether to proceed in the case under Sections 156(3) Cr.P.C. and 190(1)(c) Cr.P.C. Accordingly, the present petition is disposed of with a direction to SSP Faridkot – respondent No. 3 to put the enquiry report and other material before the Area Judicial Magistrate within four weeks from the date of receipt of copy of the order. The petition stands disposed of accordingly. (DAYA CHAUDHARY) 15.03.2010 JUDGE reena