`IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 13304 of 2009 Date of decision: 14.5.2009 Usha Rani …Petitioner Versus State of Punjab and ors …Respondents Present: Mr MK Bhatnagar, Advocate for the petitioner. S.S.SARON, J. Inter alia contends that the petitioner – Usha Rani executed a power of attorney dated 14.9.1998 in respect of her house in Khasra Nos.55- 56 (min) in the area of village Tung Pai Sub Urban, Tehsil Amritsar named as Sandhu Colony, Khuh Kudian Wala, Tung Pai, Sub Urban, Batala Road, Amritsar in favour of Kamla Rani wife of Rulia Ram, who is the mother-in- law of the daughter of the petitioner. It is submitted that Rajinder Kumar (respondent-4), the other son of Kamla Rani who is not the son-in-law of the petitioner, started residing in the said house. In any case, the power of attorney executed on 14.9.1998 has been cancelled on 3.10.2005 and a legal notice was issued to Kamla Rani on 5.10.2005. However, Rajinder Kumar (respondent-4) son of Kamla Rani continued to stay in the said house. It is submitted that said Rajinder Kumar also filed a civil suit for permanent injunction restraining Kamla Rani and also the petitioner and others from dispossessing him from the suit property and interfering in his peaceful possession. The said suit filed by Rajinder Kumar (respondent-4) has been Cr Misc M- 13304 of 2009 2 dismissed as withdrawn on 15.4.2009. Despite that, said Rajinder Kumar is not vacating the premises. According to the petitioner, after the suit of Rajinder Kumar (respondent-4) had been dismissed on 15.4.2009, the petitioner submitted an representation dated 23.4.2009 (P1) to the SSP Amritsar for taking action against said Rajinder Kumar (respondent-4). It is submitted that no action is being taken on the said representation. After giving my thoughtful consideration to the matter, it may be noticed that in the facts and circumstances of the case, the petitioner may seek his appropriate remedy and in case any criminal offence is made out, he has his remedy of approaching the area Magistrate in terms of Section 156(3) or Section 202 CrPC. It is needless to say that in case any such application is made, the same shall be considered by the concerned Magistrate in accordance with law. This petition stands disposed of accordingly. 14.5.2009 ( S.S.SARON ) ASR Judge