IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-35470 of 2011 Date of decision : December 13, 2011 Sanjay Kumar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sanjiv Gupta, Advocate, for the petitioner Mr. CS Bakshi, Addl. AG Haryana Mr. Rahul Deswal, Advocate for the complainant L.N. Mittal, J. (Oral) Accused Sanjay Kumar has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) assailing order dated 18.10.2011, Annexure P/3 passed by learned Judicial Magistrate, Karnal and judgment dated 4.11.2011, Annexure P/4 passed by learned Additional Sessions Judge, Karnal thereby dismissing petitioner's application Annexure P/2 seeking permission to get registered sale deed of his land. I have heard learned counsel for the parties and perused the case file. Petitioner is accused in FIR No. 187 dated 22.6.2011, under sections 148, 149, 323, 325, 506 and 307 IPC, registered at Police Station Butana, District Karnal. He has allegedly entered into sale agreement Annexure P/1. He wants to execute and get registered sale deed pursuant to Criminal Misc. No. M-35470 of 2011 -2- said agreement. Permission for the same was declined by lower courts on the ground that it was oral agreement. However, written agreement Annexure P/1 has been produced. Keeping in view all the circumstances, the instant application is not opposed by learned State counsel and counsel for the complainant. The petitioner wants to sell his land. He is in custody in a criminal case. There is no impediment in permitting the petitioner to execute and get sale deed registered by taking him in custody to Tehsil premises. In view of the aforesaid, the instant petition is allowed. Impugned orders Annexures P/3 and P/4 are set aside. Application Annexure P/2 moved by the petitioner is allowed. Petitioner shall be taken in custody to Tehsil premises for execution and registration of the sale deed on the date and time to be intimated in advance by the petitioner to the Jail Authorities. ( L.N. Mittal ) December 13, 2011 Judge 'dalbir'