An anticipatory bail petition filed under Section 438 Cr.P.C was treated as infructuous and dismissed because the underlying complaint case had been withdrawn. The court disposed of the matter on the merits of the withdrawal.
The petition was dismissed as infructuous due to the withdrawal of the complaint case.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CRM-M-9082 of 2020 202 Date of decision:26.10.2021
Charanjit Singh
... Petitioner
Vs.
State of Punjab
... Respondent
CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL
Present:Mr. Amandeep Singh Rehal, Advocate for the petitioner.
Mr. Prabhjot Singh Walia, AAG, Punjab.
SUVIR SEHGAL, J. (Oral)
Heard through video conferencing.
Instant petition has been filed under Section 438 Cr.P.C seeking grant of anticipatory bail to the petitioner in case/Complaint No.RT111 of 26.08.2010 (Annexure P-1) under Sections 420, 465, 466, 467, 468, 471, 120-B of Indian Penal Code, 1860 pending in the Court of Judicial Magistrate Ist Class, Rupnagar.
Counsel for the petitioner submits that the petition has become
infructuous as the complaint case has been withdrawn.
Dismissed as having been rendered infructuous.
(SUVIR SEHGAL) October 26, 2021 JUDGE savita
| Whether Speaking/Reasoned | Yes/No |
|---|---|
| Whether Reportable | Yes/No |
SAVITA KADIAN 2021.10.26 17:24 I attest to the accuracy and integrity of this document High Court Chandigarh
2 issues framed by the court
Whether a petition for anticipatory bail under Section 438 Cr.P.C survives if the underlying complaint case has been withdrawn.
Whether the withdrawal of the complaint petition infructouses the anticipatory bail application.
1 provisions across 1 enactments
Charanjit Singh
State of Punjab
Suvir Sehgal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
