Disposed

Akwinder Kaur v. State of Punjab and Ors.

Punjab & Haryana HC16 Aug 2012CRM-M/17265/2012

Case brief

AI extract

What is this about?

Petitioner approached the High Court under Section 482 CrPC seeking directions due to respondent authorities' alleged inaction. Counsel cited Sakiri Vasu and withdrew the petition. The court dismissed it as withdrawn with liberty to approach authorities under CrPC Chapter XII.

What did the court decide?

Petition dismissed as withdrawn. Liberty granted to file a petition under Chapter XII CrPC before the concerned authority.

Akwinder Kaur Vs State of Punj… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2012)

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Criminal Misc.M-No.17265 of 2012(O & M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc.M-No.17265 of 2012(O & M) Date of Decision:16.08.2012

Akwinder Kaur

.....petitioner

Versus

State of Punjab & Ors.

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.....respondents

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CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK

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Present: Mr.Nitin Setia, Advocate for Mr.Sandeep Chopra, Advocate for the petitioner

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RAMESHWAR SINGH MALIK J.(ORAL):

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CRM No.74401 of 2012

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Application is allowed subject to all just exceptions.

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Criminal misc.application stands disposed of.

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Criminal Misc.M-No.17265 of 2012

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Feeling aggrieved against the alleged inaction on the part of the

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respondent authorities, petitioner has approached this Court by way of instant petition under Section 482 of the Code of Criminal Procedure, invoking its inherent jurisdiction, for appropriate directions to the official respondents.

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Learned counsel for the petitioner, at the very outset, fairly states

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that the petitioner have got the alternative remedy, which has not been availed by her so far.

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During the course of hearing, when confronted with the judgment

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Criminal Misc.M-No.17265 of 2012(O & M)

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of Hon'ble the Supreme Court in the case of Sakiri Vasu State of U.P. and

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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

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her alternative remedy, in terms of law laid down by Hon'ble the Supreme Court

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in Sakiri Vasu's case (supra).

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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.

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However, lest this order is misunderstood, it is made clear that

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as and when the petitioners move an appropriate petition to the concerned authority, under Chapter XII of the Code of Criminal Procedure, 1973, the same

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shall be considered, dispassionately and expeditiously, passing appropriate orders thereon, in accordance with law.

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With the observations made above, the present petition stands

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disposed of.

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(RAMESHWAR SINGH MALIK)

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JUDGE

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16.08.2012

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neenu

Akwinder Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Akwinder Kaur v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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