The High Court of Punjab and Haryana dismissed Criminal Misc. M. No. 14160 of 2012 as withdrawn, granting liberty to the petitioner to approach the concerned authority under Chapter XII of CrPC 1973.
Petition dismissed as withdrawn with liberty to approach concerned authority under Chapter XII CrPC 1973.
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Criminal Misc.M-No.14160 of 2012(O & M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc.M-No.14160 of 2012(O & M) Date of Decision:17.05.2012
Harjinder Kaur .....petitioner Versus State of Punjab & anr. .....respondents
CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK
Present: Mr.Shivoy Dhir, Advocate for the petitioner
RAMESHWAR SINGH MALIK J.(ORAL):
CRM No.28715 of 2012
Application is allowed subject to all just exceptions.
Criminal misc.application stands disposed of.
Criminal Misc.M-No.14160 of 2012
Learned counsel for the petitioner fairly states that the petitioner has got the alternative remedy, which has not been availed by her so far.
During the course of hearing, when confronted with the judgment of Hon'ble the Supreme Court in the case of Sakiri Vasu State of U.P. and others 2008(2) SCC 409 , learned counsel for the petitioner very fairly states that let this petition be dismissed as withdrawn, with liberty to the petitioner to avail her alternative remedy, in terms of law laid down by Hon'ble the Supreme Court in Sakiri Vasu's case (supra).
In view of the statement made by learned counsel for the petitioner and without prejudice to the rights of the parties, the present petition is ordered to be dismissed as withdrawn with liberty as prayed for.
Criminal Misc.M-No.14160 of 2012(O & M) 2
However, lest this order is misunderstood, it is made clear that as and when the petitioner moves an appropriate petition to the concerned authority, under Chapter XII of the Code of Criminal Procedure, 1973, the same shall be considered, dispassionately and expeditiously,passing appropriate orders thereon, in accordance with law.
With the observations made above, the present petition
stands disposed of.
(RAMESHWAR SINGH MALIK) JUDGE
17.05.2012 neenu
1 issue framed by the court
Whether the present petition should be dismissed as withdrawn with liberty to the petitioner to avail alternative remedy?
Colour shows how this judgement treated each authority
Sakiri Vasu v. State of U.P. and othersReferred¶15
Sakiri Vasu State of U.P. and others 2008(2) SCC 409 · Who else cites this
Harjinder Kaur
State of Punjab
RAMESHWAR SINGH MALIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
