Disposed

Ashok Kumar v. State of Punjab etc.

Punjab & Haryana HC11 Apr 2013CRM-M/10064/2011

Case brief

AI extract

What is this about?

In a petition under section 482 Cr.P.C. seeking protection and direction to register an FIR for cheating and forgery, the High Court held the relief sought infructuous due to lack of harm and noted the existence of an alternative remedy before the Illaqa Magistrate, relying on Sakiri Vasu.

What did the court decide?

Petition disposed with liberty to approach Illaqa Magistrate for appropriate relief.

Ashok Kumar Vs State of Punjab etc. — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Criminal Misc. No. M-10064 2011

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Date of decision : April 11, 2013

Ashok Kumar

....Petitioner

versus

State of Punjab and others

¶8

....Respondents

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Coram: Hon'ble Mr. Justice L.N. Mittal

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Present : Mr. Parvez Akhtar, Advocate for Mr. Mohd. Yousaf, Advocate, for the petitioner

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Mr. Gaurav Garg Dhuriwala, DAG, Punjab for respondents no. 1 to 4

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Mr. Pankaj Salotra, Advocate, for respondent nos. 5 to 8

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Mr. Sandeep Khunger, Advocate, for respondent nos. 9 to 12

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L.N. Mittal, J. (Oral)

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Ashok Kumar has approached this Court by way of instant petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) seeking protection of his life and liberty allegedly threatened by private respondents no. 5 to 12 and also seeking direction to official respondents no. 1 to 4 to take action against the private respondents for cheating the complainant of ` 9,73,000/- and for forging documents.

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I have heard counsel for the parties and perused the case file.

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Criminal Misc. No. M-10064 of 2011

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-2-

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The instant petition is pending for more than two years. There has been no physical harm to the petitioner during this period. Accordingly, the petition regarding relief of protection of the petitioner and his family members appears to have become infructuous.

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As regards action against private respondents for alleged cheating and forgery of documents, the petitioner in substance wants direction for registration of First Information Report (FIR) for the same and investigation thereof. However Hon'ble Supreme Court in the case of Sakiri Vasu vs State of U.P., 2007(5) Law Herald (Supreme Court) 3910 has laid down that inherent power under section 482 Cr.P.C. should not ordinarily be exercised by this Court to order registration of FIR because the aggrieved person has alternative efficacious remedy of approaching Illaqa Magistrate for appropriate relief in accordance with law.

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In view of the aforesaid, the instant petition is disposed of with liberty to the petitioner to approach Illaqa Magistrate for appropriate relief in accordance with law.

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( L.N. Mittal ) April 11, 2013 Judge 'dalbir'

Ashok Kumar v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Punjab etc.

Case brief

What is this about?

What did the court decide?

What the court decided

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