A petition under Section 482 Cr.P.C. seeking directions to prevent arrest without prior notice was dismissed by a single judge as bail was not pending, with liberty to approach the competent court.
Directions to respondents not to arrest the petitioner without prior notice were dismissed.
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-4492 of 2011
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No.M-4492 of 2011
Date of Decision: 11.02.2011
Sanjay Kumar
....Petitioners
Versus
State of Haryana and others
...Respondents
CORAM : Hon'ble Ms. Justice Nirmaljit Kaur
Present:Mr. Kamal Mor, Advocate for the petitioners.
NIRMALJIT KAUR, J. (ORAL)
This is a petition under Section 482 of Cr.P.C for issuance of directions to respondents No.2 to 4 not to arrest the petitioner without prior notice of three weeks to the petitioner in case FIR No.170 dated 03.09.2009 under Sections 148, 149, 436, 380, 427 IPC and 3(1) of the Scheduled Caste and Scheduled Tribes Act and P.V.P.B. Act, 2009 registered at Police Station Kosli, District Rewari, so that the petitioner can approach before the competent court of law.
It is admitted that the FIR already stands registered. It is also admitted that notice was sent to the petitioner to join investigation in case FIR No.170 dated 03.09.2009 under Sections 148, 149, 380, 427, 436, 452 IPC and 3(1) of the S.C./S.T. Act and P.V.P.B. Act, 2009.
Admittedly, the petitioner has not filed any petition for the grant
Crl. Misc. No.M-4492 of 2011
2
of bail and neither has he been granted the said relief.
Dismissed accordingly with liberty to avail of alternative
remedy, if any.
11.02.2011 gurpreet
(NIRMALJIT KAUR) JUDGE
1 issue framed by the court
Whether Section 482 Cr.P.C permits issuance of directions to avoid arrest without prior notice in a case where bail is not pending and investigation invites participation.
2 provisions across 2 enactments
Sanjay Kumar
State of Haryana
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
