The High Court dismissed the criminal revision petition of the petitioner, which was filed to challenge an acquittal judgment, after the petitioner voluntarily withdrew the petition with liberty to raise legal points in a pending suit for malicious prosecution.
Petition dismissed as withdrawn with liberty to raise points in pending suit.
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.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRL. REVISION NO.1714 OF 2006 Date of decision: 28.3.2011
Parmajit Singh Nanda
...Petitioner
Versus
Tarsem Singh and another
...Respondents
CORAM: HON'BLE MR.JUSTICE ALOK SINGH
Present: Mr.Gautam Dutt, Advocate for the petitioner.
ALOK SINGH, J. (ORAL)
Learned counsel for the petitioner states that the FIR in question was not filed by the petitioner in personal capacity. However, same was filed by the petitioner on behalf of the company. Learned counsel for the petitioner further states that after the impugned acquittal judgment, accused have filed a suit for recovery/damages against the petitioner for malicious prosecution, therefore, necessity arises for filing the present revision petition. Learned counsel for the petitioner further contends that in a suit the petitioner shall raise this point. He has not filed FIR in his personal capacity and lodged the FIR in question on behalf of the company, so suit cannot be filed against the petitioner and suit and any compensation can only be sought and granted against the company. Learned counsel for the petitioner states that he may be permitted to
CRL. REVISION NO.1714 OF 2006 -2-
withdraw this petition with liberty to raise all the available legal points in the pending suit.
Dismissed as withdrawn with aforesaid liberty.
March 28, 2011 kd
(Alok Singh) Judge
Parmajit Singh Nanda
Tarsem Singh
Allok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
