Full Judgment
CRM-M-7472-2013 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-7472-2013 Date of decision : 22.04.2014 Inderjit Kaur and another ..Petitioners Versus State of Punjab ..Respondent CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.B.S.Jaswal, Advocate for the petitioneRs.Mr.Neeraj Sharma, AAG, Punjab.
REKHA MITTAL, J.(ORAL) The instant petition under Section 482 of the Code of Criminal Procedure (in short 'the Code') has been preferred for quashing of FIR No.182 dated 21.12.2007 under Section 420 of the Indian Penal Code (in short 'IPC') registered in Police Station Dasuya, District Hoshiarpur and order dated 12.04.2012 passed by the Sub Divisional Judicial Magistrate, Dasuya (Annexure P3) whereby the petitioners have been summoned to face trial in exercise of power under Section 319 of the Code.
Perusal of the averments set up in the petition would make it manifest that though the petitioners have also sought quashing of FIR aforesaid but primarily their main grievance is against order dated 12.04.2012 passed by the Judicial Magistrate summoning the petitioners as additional accused under Section 319 of the Code.
The petitioneRs.in place of expressing their grievance against order dated 12.04.2012 by availing specific remedy of revision in accordance with law, have filed the instant petition.
Davinder Kumar 2014.04.29 15:52 I attest to the accuracy and integrity of this document CRM-M-7472-2013 2 The Hon'ble Supreme Court of India in Mohit alias Sonu and another versus State of Uttar Pradesh and another (2013) 7 Supreme Court Cases 789 has held in para 28 quoted thus:- “So far as the inherent power of the High Court as contained in Section 482 of Cr.P.C.is concerned, the law in this regard is set at rest by this Court in a catena of decisions.
However, we would like to reiterate that when an order, not interlocutory in nature, can be assailed in the High Court in revisional jurisdiction, then there should be a bar in invoking the inherent jurisdiction of the High Court.
In other words, inherent power of the Court can be exercised when there is no remedy provided in the Code of Criminal Procedure for redressal of the grievance.
It is well settled that the inherent power of the Court can ordinarily be exercised when there is no express provision in the Code under which order impugned can be challenged.”
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Keeping in view the observations in the aforesaid extract by the Hon'ble Supreme Court of India, I do not think it to be a fit case wherein intervention is warranted in exercise of power under Section 482 of the Code.
The petition is accordingly disposed of with liberty to the petitioners to avail appropriate remedy in accordance with law.
However, the petitioners shall be at liberty to raise a plea that they could not file the revision petition within the prescribed period of limitation as they had been pursuing the proceedings before this Court.
(REKHA MITTAL) JUDGE April 22, 2014.
Davinder Kumar Davinder Kumar 2014.04.29 15:52 I attest to the accuracy and integrity of this document