M/S Gurukul Educational and Charitable Trust v. State of Punjab and Others
Case brief
What is this about?
Writ petition (CWP-25578 of 2025, Punjab & Haryana HC, 01.09.2025) by borrower/trust against State of Punjab; SARFAESI symbolic possession (2014); alleged theft/trespass on secured assets; non-lodging of FIR; alternative remedy before jurisdictional Magistrate under S.156(3), S.190, S.200 CrPC 1973 / S.175(3), S.210, S.223 BNSS 2023; writ of mandamus refused where statutory remedy exists; reliance on Sakiri Vasu (2008) 2 SCC 409 and Anurag Bhatnagar (2025 SCC online SC 1514); petition disposed with liberty.
What did the court decide?
Liberty to the petitioner to avail the alternative statutory remedy before the competent jurisdictional Magistrate (Section 156(3) read with Sections 190 and 200 CrPC 1973, corresponding to Section 175(3) read with Sections 210 and 223 BNSS 2023); no interference on merits. ¶¶21