CRM No.M-14635 of 2011 (O & M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRM No.M-14635 of 2011 (O & M) Date of decision : 29.9.2011 Nirmal Singh ........Petitioner Vs. State of Punjab and another ......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr. Vipin Mahajan, Advocate, for the petitioner Mr.Manoj Bajaj, Addl.AG, Punjab --- AJAI LAMBA, J (Oral) : This petition filed under Section 482 of the Criminal Procedure Code, 1973, prays for issuance of directions to Additional Chief Judicial Magistrate, Ropar to take a decision on application dated 23.4.2011, placed on record as Annexure P-8, moved by the petitioner. The petitioner has already surrendered and therefore, it has been pleaded that there is no cause to continue with the order of attachment. Vide order dated 14.9.2011, it has been directed that the concerned Magistrate would file his comments as to under what circumstances no decision on the application for recalling the attachment order, has been taken. Comments of Sh. Pushvinder Singh, Additional Chief Judicial Magistrate, Rupnagar have been received which are to the effect that he joined on 11.6.2011 at Ropar. The case was taken up for the first time on 4.8.2011 before him. At that point in time the High Court was already seized of the matter. It has further been pointed out that his predecessor had just attached the application for recalling the attachment order with the main file, CRM No.M-14635 of 2011 (O & M) -2- without taking cognizance of the facts and circumstances emanating therefrom. Considering the totality of the facts and circumstances of the case, it is directed that Additional Chief Judicial Magistrate, Ropar who is dealing with the issue, will dispose of the application within two months from the date of receipt of certified copy of the order. Till the final decision on the application, operation of the warrants of sale shall remain stayed. The petition is disposed of. (AJAI LAMBA) JUDGE 29.9.2011 akm