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Notices on petition charging SHO with overstepping duty

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RAGHAV OHRI

Posted: Feb 01, 2008 at 0114 hrs IST

Chandigarh, January 31 The Punjab and Haryana High Court today issued notices to the SHO and SSP, Jalandhar, and directed the SHO to appear personally in the court to explain why he had overstepped his jurisdiction in staying construction of a building in Jalandhar.

The SHO, Police Division no 4, had issued notices to Sunita Sud, resident of Guru Teg Bahadur Nagar, Jalandhar, under Section 160 of the CrPC, stating that the construction being done is illegal. As per law, a police officer can issue notices under the section only to summon a witness.

Displeased with the officer’s conduct, the High Court also stayed the orders passed by him. The SHO will have to appear in court on the next date of hearing.

The petitioner, Sunita Sud, claimed that the SHO came to the spot of construction and stopped the construction work stating one Vinod Sarin had complained that he was the owner of the plot.

Sud moved the High Court terming the notices to be illegal and arbitrary, stating that the SHO had no authority under law to restrain the petitioner and owners of the plot from building anything there. The petitioner said the SHO, along with the land mafia, had acted in an illegal manner.

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