Petitioners sought directions under Section 482 Cr.P.C. for advance notice in case they are implicated in false complaints. State counsel stated no FIR was registered. Court held the petition infructuous and dismissed it.
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. M. No.M-10397 of 2012 Date of Decision:24.5.2012
Mohinder Kumar and others
.... Petitioners
Versus
State of Punjab and others
.... Respondents
CORAM: Hon'ble Ms. Justice Nirmaljit Kaur
Present: Mr. Naresh Kaushik, Advocate for the petitioners. Mr. Navdeep Sukhna, D.A.G. Punjab.
1.Whether Reporters of Local Newspapers may be allowed to see the judgment?
2.To be referred to the Reporters or not?
3.Whether the judgment should be reported in the Digest?
NIRMALJIT KAUR, J.(Oral)
This is a petition under Section 482 Cr.P.C for issuance of directions to respondents No.1 to 4 to issue fifteen days advance written notice in case the petitioners are implicated/called in any false complaint/case.
Learned State counsel on instructions from ASI Darshan Singh submits that no FIR has been registered against the petitioners.
In view of the statement made by learned State counsel, the present petition is rendered infructuous and is dismissed as such.
However, in case the petitioners still feel apprehension, they are at liberty to move an appropriate application/representation to the concerned Senior Superintendent of Police, who shall look into the same and take appropriate measures, if need be, in accordance with law.
16.3.2012 ( NIRMALJIT KAUR ) rajeev JUDGE
2 issues framed by the court
Whether a petition under Section 482 Cr.P.C. for advance notice in future false complaints can be disposed of due to absence of an FIR?
Whether the petitioners are entitled to directions regarding future complaints pending registration of any case?
1 provisions across 1 enactments
Mohinder Kumar and others
State of Punjab and others
Nirmaljit Kaur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
