IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-9700 of 2009 (O&M) Date of Decision:- 09.11.2009 Sant Ram Pal Dass ....Petitioner(s) vs. State of Haryana and others ....Respondent(s) *** CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH *** Present:- Mr.R.S.Hooda, Advocate and Mr.K.D.S.Hooda, Advocate, for the petitioner. Mr.Yash Pal Malik, AAG, Haryana. *** AUGUSTINE GEORGE MASIH, J. Counsel for the petitioner contends that vide order dated 12.7.2006 (Annexure P-1) under Section 145(1) Cr.P.C. passed by the Sub Divisional Magistrate, Rohtak, a Calendra was prepared and submitted before the Sub Divisional Magistrate, Rohtak. The said Calendra came up for hearing before the Sub Divisional Officer (J), Rohtak, on 5.5.2008. On the said date, none of the parties appeared and, therefore, the case was dismissed in default and the file was consigned to records vide order dated 5.5.2008 (Annexure P-2). He contends that thereafter, none of the parties have approached the Sub Divisional Officer (J), Rohtak, for restoration of the case. He contends that the possession, therefore, after the passing of the order dated 5.5.2008 needs to be handed back to the Trust which is managing the Ashram. Counsel for the State, on the other hand, submits that the State has no objection to the handing over of the possession of the Ashram. He Crl.Misc.No.M-9700 of 2009 (O&M) -2- submits that an inventory of the goods and other items was prepared when the possession of the Ashram was taken and they are ready and willing to hand over the possession. Counsel for the petitioner, on the other hand, submits that during the interregnum, a theft is alleged to have taken place in the Ashram for which an FIR was got registered with and by the police itself, as they were protecting the Ashram and after investigation, an untraced report has been submitted which has been challenged by the petitioner in this Court in Crl.Misc.No.M-5856 of 2008 titled as Sant Ram Pal vs. State of Haryana and the same is pending before this Court for 21.12.2009 wherein the prayer has been made for handing over the investigation of the case to the Central Bureau of Investigation. He, therefore, prays that the inventory be prepared by the SHO who is in possession of the property, which should be signed by both the parties. This prayer is not opposed by the counsel for the State who submits that the possession of the Ashram would be handed over and the inventory prepared. It has been agreed that the possession of the Ashram would be handed over to the Management of the Ashram on 25.11.2009. In view of the statement of counsel for the petitioner and the State, the present petition stands disposed of in the above terms. November 09, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE