“In View of the Settled Position of Law Laid Down in Aleque Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1123941
CourtPunjab and Haryana High Court
Decided OnJan-31-2014
Appellant“In View of the Settled Position of Law Laid Down in Aleque
RespondentState of Punjab and Others
Excerpt:
in the high court of punjab & haryana at chandigarh crm no.-m-3827 of 2014 date of decision:31.01.2014. baltej singh ..petitioner versus state of punjab & others ..respondents coram: hon'ble mr.justice tejinder singh dhindsa. present: mr.kamaljeet singh sidhu, advocate for the petitioner...tejinder singh dhindsa, j. (oral).the present petition has been filed under section 482 cr.p.c.for issuance of directions to the official respondents to take appropriate action against respondent no.4 in the failure of registration of fir. the issue as regards the invention of this court in such matters in exercise of jurisdiction under section 482 cr.p.c.upon failure of the police official to register the fir on the allegations that a cognizable offence has been committed came up before a coordinate bench of this court in crm no.m-22193 of 2013 jaswinder kaur versus state of punjab & others and other connected petitions decided on 02.12.2013. while declining to interfere in such matters in exercise of the extraordinary jurisdiction under section 482 cr.p.c., it had been held in the following terms.“in view of the settled position of law laid down in aleque padamsee's case (supra) and sakiri vasu's case (supra).there is no reason for this court to issue any such direction as prayed for, in exercise of extraordinary jurisdiction under section 482 of the code. the petitions are accordingly, kaur harjeet 2014.02.04 11:49 i attest to the accuracy and integrity of this document crm no.-m-3827 of 2014 -2- disposed of with liberty to the petitioners to avail appropriate remedy, in accordance with law. before parting with this order, i would like to clarify that nothing stated in this order shall be construed as an expression on the merits of the allegations set up by the petitioners nor the court has adverted itself to the issue, if the allegations do or do not constitute any cognizable offence having been committed.”. as such, the present petition is disposed of in terms of order dated 02.12.2013 passed by the coordinate bench in jaswinder kaur's case (supra).disposed of. january 31, 2014 (tejinder singh dhindsa) harjeet judge kaur harjeet 2014.02.04 11:49 i attest to the accuracy and integrity of this document
Judgment:

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRM No.-M-3827 of 2014 Date of decision:31.01.2014.

Baltej Singh ..Petitioner versus State of Punjab & others ..Respondents CORAM: HON'BLE Mr.JUSTICE TEJINDER SINGH DHINDSA.

Present: Mr.Kamaljeet Singh Sidhu, Advocate for the petitioner...TEJINDER SINGH DHINDSA, J.

(ORAL).The present petition has been filed under Section 482 Cr.P.C.for issuance of directions to the official respondents to take appropriate action against respondent No.4 in the failure of registration of FIR.

The issue as regards the invention of this Court in such matters in exercise of jurisdiction under Section 482 Cr.P.C.upon failure of the police official to register the FIR on the allegations that a cognizable offence has been committed came up before a coordinate Bench of this Court in CRM No.M-22193 of 2013 Jaswinder Kaur versus State of Punjab & others and other connected petitions decided on 02.12.2013.

While declining to interfere in such matters in exercise of the extraordinary jurisdiction under Section 482 Cr.P.C., it had been held in the following terMs.“In view of the settled position of law laid down in Aleque Padamsee's case (supra) and Sakiri Vasu's case (supra).there is no reason for this Court to issue any such direction as prayed for, in exercise of extraordinary jurisdiction under Section 482 of the Code.

The petitions are accordingly, Kaur Harjeet 2014.02.04 11:49 I attest to the accuracy and integrity of this document CRM No.-M-3827 of 2014 -2- disposed of with liberty to the petitioners to avail appropriate remedy, in accordance with law.

Before parting with this order, I would like to clarify that nothing stated in this order shall be construed as an expression on the merits of the allegations set up by the petitioners nor the Court has adverted itself to the issue, if the allegations do or do not constitute any cognizable offence having been committed.”

.

As such, the present petition is disposed of in terms of order dated 02.12.2013 passed by the coordinate Bench in Jaswinder Kaur's case (supra).Disposed of.

January 31, 2014 (TEJINDER SINGH DHINDSA) harjeet JUDGE Kaur Harjeet 2014.02.04 11:49 I attest to the accuracy and integrity of this document