The Special Criminal Judge, Punjab & Haryana, dismissed the criminal revision petition and held that irrelevant observations in the trial court's order did not prejudice the petitioner's legal rights or affect the merits of the case.
Petition disposed of; liberty to raise pleas before trial court.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cr. Rev. 829 of 2004(O& M)
DATE OF DECISION 16.3.2009
Ravinder Pal Singh Sidhu
......PETITIONER
VERSUS
State of Punjab
......RESPONDENTS
PRESENT: Mr. Vikram Chaudhri, Advocate Ms. Rajni Gupta, DAG, Pb
M.M.S.BEDI,J.
Delay condoned.
After hearing learned counsel for the petitioner, it appears that there was no occasion for the petitioner to move an application for dropping the proceedings after he had been charged u/s 8,11,13(1) read with Section 13(2) of the Prevention of Corruption Act and Sections 467,468,471 and 120B IPC in FIR no.7 of 25.3.2002.
After arguing for some time, learned counsel for the petitioner submits that prejudice might be caused to the petitioner on the basis of the observations made by the learned Special Judge, Ropar in his order dated 4.3.2003. Since the petition , filed by the petitioner, before the trial court was not maintainable in law, any observation made in the order, while disposing of the petition, it is observed that the same will not prejudice the legal rights of the petitioner. The petitioner will be at liberty to raise all the pleas of fact and law besides any other pleas at an opportune time before the trial court. Any observations made in order dated 4.3.2003 will not effect the merits of the case in any manner.
The petition stands disposed of.
March 16 ,2009 ( M.M.S.BEDI ) TSM JUDGE
1 issue framed by the court
Whether observations made by the trial court in disposing of an unmaintainable petition under the Cr.PC will prejudice the legal rights of the petitioner.
2 provisions across 2 enactments
Ravinder Pal Singh Sidhu
State of Punjab
M.M.S.BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
