The court disposed of a criminal miscellaneous petition challenging proceedings arising from a civil transaction dispute. Finding no proposed offence and availability of alternative remedies, the court held the petition to be premature.
Petition disposed of as premature.
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Crl. Misc. No. M-18435 of 2014
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl. Misc. No. M-18435 of 2014 Date of Decision: 05.12.2014.
Bhavna Puri
........Petitioner
Vs.
State of Haryana and others
......Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA
Present: Mr. Hemant Saini, Advocate for the petitioner.
Ms. Loveleen Dhaliwal Singla, Sr. DAG, Haryana.
Respondent No. 2 in person.
SABINA, J.
Petitioner have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the order dated 24.4.2014 (Annexure P-3) and all the subsequent proceedings arising therefrom including FIR No. 148 dated 16.5.2014, under Section 403, 405, 406, 415, 420, 382, 120-B, 34 of the Indian Penal Code, 1860, registered at Police Station Bhupani, Faridabad (Annexure P-3-A).
Heard.
Reply has been filed by the State. Para 5 of preliminary submissions of the reply, reads as under:-
“That during the investigation of this case, notice under Section 160 Cr.P.C. was issued to the complainant at his residence address and was directed to appear in investigation on 01.09.2014 along with documents.
GURPREET SINGH 2014.12.08 15:26 I attest to the accuracy and authenticity of this document Chandigarh
Crl. Misc. No. M-18435 of 2014
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The said notice was duly served on 31.8.2014 despite that complainants did not appear in investigation and avoided the proceedings whereas company has also sent e.mail to the complainant requesting him to charge interest over the payments and return the amounts. Keeping the facts and circumstances stated above, it is a civil transaction between the parties and consumer has alternative remedy and no proposed offence 406/420/120-B IPC is made out against the petitioner. Therefore, cancellation report was prepared in this matter on 3.9.2014. The said cancellation report is being sent to Ld. Illaqa Magisrate, Faridabad for judicial verdict through Assistant Commissioner of Police and Deputy Superintendent of Police Central. Hence, the present petition is pre mature and is liable to be dismissed.”
In view of the reply filed by the State, this petition is
disposed of being premature.
(SABINA) JUDGE
December 05, 2014 Gurpreet
GURPREET SINGH 2014.12.08 15:26 I attest to the accuracy and authenticity of this document Chandigarh
1 issue framed by the court
Whether a petition under Section 482 CrPC challenging a cancellation report in a civil transaction is premature.
1 provisions across 1 enactments
Bhavna Puri
State of Haryana
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
