In a petition under Section 482 Cr.P.C., the High Court directed the Superintendent of Police to take a final decision on a cancellation report within one month and allowed the petitioner to object if the report was filed.
Direction to SSP to decide on cancellation report within one month; liberty to petitioner to raise objections.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl. Misc. No.M-1854 of 2011
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-1854 of 2011 Date of Decision: 25.03.2011
Daljit Kaur
....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:Mr. P.S. Sekhon, Advocate for the petitioner.
Mr. J.S. Brar, A.A.G., Punjab for the respondent-State.
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NIRMALJIT KAUR, J. (ORAL)
This is a petition under Section 482 Cr.P.C for issuance of direction to respondents No.1 to 3 to arrest respondent No.4, who is an accused in FIR No.112 dated 19.08.2010 under Sections 420 and 120-B IPC registered at Police Station Makhu, District Ferozepur as his anticipatory bail was already dismissed by this Court vide order dated 10.11.2010.
Reply on behalf of respondents No.1 to 3 has been filed in the Court today. The same is taken on record. A copy, thereof, has been supplied to learned counsel for the petitioner.
As per para 5 of the reply, the cancellation report has been prepared by respondent No.3.
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Crl. Misc. No.M-1854 of 2011
Learned counsel for the respondent-State, on instructions from Head Constable Jagjit Singh, states that the said cancellation report will be submitted before the concerned Court as soon as the same is approved by the Senior Superintendent of Police.
In view of the above, the present petition is disposed of with a a direction that in case, the same is filed, the petitioner will be at liberty to raise all the objections or file protest petition before the Court, where the cancellation report has been submitted. However, the Senior Superintendent of Police concerned is directed to take a final decision on the cancellation report submitted before him, either way, in case, the same has not already been taken, within one month from the receipt of a copy of this order.
Disposed of as above.
(NIRMALJIT KAUR) JUDGE
25.03.2011 gurpreet
1 issue framed by the court
Whether the petitioner can be arrested as anticipatory bail was already dismissed and a cancellation report was prepared?
1 provisions across 1 enactments
Daljit Kaur
State of Punjab
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
