In the High Court of Punjab and Haryana at Chandigarh CWP No. 10847 of 2007 Date of decision:24.4.2008 Major B.S.Bhatti (retd.) ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.D.K.Bhatti, Advocate, for the petitioner.. Ms.Charu Tuli, Advocate, for respondents No. 1,2,5 and 6. Mr.P.S.Dhaliwal, Advocate, for respondents No. 3 and 4. Mr.Puneet Sharma, Advocate, for respondent No.7. **** JUDGMENT M.M.KUMAR, J. Written statement filed by respondent No.5 in the Court is taken on record. The prayer made by the petitioner in the instant petition is that direction be issued to respondents No. 2 to 6 to restrain respondent No.7 for violating the flamboyant misuse of law and direct them to protect the petitioner from the nuisance created by him. It appears that the petitioner is a landlord and respondent CWP No. 10847 of 2007 -2- No.7 is tenant. A dispute under Section 133 (a) of the Code of Criminal Procedure, 1973 for removing nuisance has been raised by the petitioner before the Sub Divisional Magistrate, Jalandhar. Some orders appear to have been passed and thereafter, the matter was taken to the learned Additional Sessions Judge, Jalandhar. The order passed by him on 6.10.2006 has been challenged before this Court in Criminal Misc. No.70348-M of 2006, which is attached with the reply filed by respondents No. 3 and 4 as Annexure R-3/1. The petitioner is a party respondent in the aforementioned petition. In view of the above, the matter is already being adjudicated by availing the remedy under the Criminal Procedure Code and, therefore, filing of the writ petition is sheer misuse of the process of Court. Accordingly this writ petition is dismissed. However, any observation made in this order shall not be construed as an expression of opinion on the pending Criminal Misc. No.70348-M of 2006. (M.M.KUMAR) JUDGE (SABINA) April 24, 2008 JUDGE anita