Cr.Misc. M 6614 of 2013 Vs. State of Punjab - Court Judgment

SooperKanoon Citationsooperkanoon.com/1067244
CourtPunjab and Haryana High Court
Decided OnMar-18-2013
AppellantCr.Misc. M 6614 of 2013
RespondentState of Punjab
Excerpt:
cr.misc. m 661.o”1. in the high court for the states of punjab and haryana at chandigarh. cr.misc. m 661.of 2013 date of decision:-18.3.2013 hapreet singh petitioner versus state of punjab respondent present: mr.vikram chaudhri, advocate. m.m.s.bedi,j. through the instant petition, the petitioner seeks quashing of order dated 23.1.2013 refusing to cancel, recall or revoke the not bailable warrants issued against him as he failed to appear before the trial court pursuant to the notice issued u/s 319 cr.p.c.arraying him as an additional accused. the main grievance of the petitioner is that the accused's name was kukku dairywala but the petitioner being harpreet singh son of harjinder singh r/o 40 fairland colony, amritsar, is not kukku dairywala, summoned as additional accused. the earlier application/ petition filed u/s 438 cr.p.c.before the sessions court as well as before this court, has already been dismissed. the petitioner seeks cancellation of the not bailable warrants issued against him u/s 70(2) cr.p.c.mainly on the ground that his identity is disputed. the application has been dismissed by the trial court on the ground that the petitioner harpreet singh @ kukku has been mentioned as son of harjinder singh and his application for pre-arrest bail had been moved with the description harpreet singh son of harjinder cr.misc. m 661.o”2. singh, as such, the ground that it is a case of mistaken identity is not available to seek the relief of cancellation of not bailable warrants in exercise u/s 70 (2) cr.p.c.i have heard counsel for the petitioner. whether the petitioner is kakku dairywala r/o near jiwanjyot hospital, amritsar is not to be decided by this court in exercise of powers u/s 482 cr.p.c.learned counsel for the petitioner has submitted that serious prejudice would be caused to the liberty of the petitioner in case he appears before the court to establish his identity and is arrested. the controvers.regarding the identity of the petitioner cannot be entertained by this court, especially when the petition for pre-arrest bail has earlier been dismissed by this court on 30.8.2012. setting aside of the impugned order in exercise of powers u/s 482 cr.p.c.would tantamount to reviewing the earlier order passed by this court on 30.8.2012. the earlier order dismissing the petition for pre-arrest bail cannot be indirectly set aside in the garb of this petition u/s 482 cr.p.c.dismissed without prejudice to the right of the petitioner to debate his identity by surrendering before the court or while seeking the concession of regular bail. nothing mentioned in this order will prejudice the right of the petitioner during trial and will not in any manner prejudice the defence of the petitioner regarding his identity. march 18 ,2013 ( m.m.s.bedi ) tsm judge
Judgment:

Cr.Misc.

M 661.o”

1. IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.

Cr.Misc.

M 661.of 2013 Date of decision:-18.3.2013 Hapreet Singh Petitioner versus State of Punjab Respondent Present: Mr.Vikram Chaudhri, Advocate.

M.M.S.BEDI,J.

Through the instant petition, the petitioner seeks quashing of order dated 23.1.2013 refusing to cancel, recall or revoke the not bailable warrants issued against him as he failed to appear before the trial court pursuant to the notice issued u/s 319 Cr.P.C.arraying him as an additional accused.

The main grievance of the petitioner is that the accused's name was Kukku Dairywala but the petitioner being Harpreet Singh son of Harjinder Singh r/o 40 Fairland Colony, Amritsar, is not Kukku Dairywala, summoned as additional accused.

The earlier application/ petition filed u/s 438 Cr.P.C.before the Sessions Court as well as before this court, has already been dismissed.

The petitioner seeks cancellation of the not bailable warrants issued against him u/s 70(2) Cr.P.C.mainly on the ground that his identity is disputed.

The application has been dismissed by the trial court on the ground that the petitioner Harpreet Singh @ Kukku has been mentioned as son of Harjinder Singh and his application for pre-arrest bail had been moved with the description Harpreet Singh son of Harjinder Cr.Misc.

M 661.o”

2. Singh, as such, the ground that it is a case of mistaken identity is not available to seek the relief of cancellation of not bailable warrants in exercise u/s 70 (2) Cr.P.C.I have heard counsel for the petitioner.

Whether the petitioner is Kakku dairywala r/o near Jiwanjyot Hospital, Amritsar is not to be decided by this court in exercise of powers u/s 482 Cr.P.C.Learned counsel for the petitioner has submitted that serious prejudice would be caused to the liberty of the petitioner in case he appears before the court to establish his identity and is arrested.

The controveRs.regarding the identity of the petitioner cannot be entertained by this court, especially when the petition for pre-arrest bail has earlier been dismissed by this court on 30.8.2012.

Setting aside of the impugned order in exercise of powers u/s 482 Cr.P.C.would tantamount to reviewing the earlier order passed by this court on 30.8.2012.

The earlier order dismissing the petition for pre-arrest bail cannot be indirectly set aside in the garb of this petition u/s 482 Cr.P.C.Dismissed without prejudice to the right of the petitioner to debate his identity by surrendering before the court or while seeking the concession of regular bail.

Nothing mentioned in this order will prejudice the right of the petitioner during trial and will not in any manner prejudice the defence of the petitioner regarding his identity.

March 18 ,2013 ( M.M.S.BEDI ) TSM JUDGE