High Court dismissed the criminal miscellaneous petition as withdrawn with liberty to approach the concerned authority under Chapter XII CrPC for expeditious disposal in accord with law.
Petition dismissed as withdrawn with liberty to move petition before concerned authority under Chapter XII CrPC.
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-13992 of 2012
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-13992 of 2012(O&M) Date of decision : 11.5.2012
Chain Lal and another .......Petitioners
Vs.
State of Punjab and others ....Respondents
CORAM : HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK
Present : Mr. Vishal Aggarwal, Advocate for the petitioners.
RAMESHWAR SINGH MALIK, J
Crl.Misc.No.28417 of 2012
Application is allowed subject to just exceptions.
Crl.Misc. Application stands disposed of.
Crl.Misc.No.M-13992 of 2012
Learned counsel for the petitioners states that the petitioners have got the alternative remedy, which has not been availed by them, so far.
During the course of hearing, when confronted with the judgement of the
Hon'ble Supreme Court of India, in the case of Sakiri Vasu Vs. State of U.P. and others, (2008) 2 Supreme Court Cases 409, learned counsel for the petitioners very fairly states that let this petition be ordered to be dismissed as withdrawn, with liberty
Crl.Misc.No.M-13992 of 2012
2
to the petitioners to avail their alternative remedy, in terms of the law laid down in
Sakiri Vasu's case(supra).
In view of the above statement made by the learned counsel for the petitioners and without prejudice to the rights of the parties, the instant petition is
ordered to be dismissed as withdrawn, with liberty as prayed for.
However, lest this order is misunderstood, it is made clear that as and when appropriate petition is moved by the petitioners before the concerned authority under Chapter XII of the Code of Criminal Procedure, the same shall be considered dispassionately and expeditiously, passing appropriate orders thereon, in accordance with law.
With the observations made above, the instant petition is disposed of.
(RAMESHWAR SINGH MALIK) JUDGE
11.5.2012 GS
1 issue framed by the court
Whether to allow or dismiss criminal miscellaneous petition regarding alternative remedy under Chapter XII CrPC.
Colour shows how this judgement treated each authority
Sakiri Vasu Vs. State of U.P. and othersReferred¶18
Sakiri Vasu Vs. State of U.P. and others, (2008) 2 Supreme Court Cases 409
1 provisions across 1 enactments
Chain Lal
another
State of Punjab
RAMESHWAR SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
