Ajay Kumar and Another Vs. State of Haryana and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1159142
CourtPunjab and Haryana High Court
Decided OnJul-31-2014
AppellantAjay Kumar and Another
RespondentState of Haryana and Others
Excerpt:
crm-m-25380-2014 (o&m) in the high court of punjab and haryana at chandigarh crm-m-25380-2014 (o&m).decided on: july 31, 2014. ajay kumar and another ....petitioner(s) versus state of haryana and others ....respondent(s) *** coram: hon'ble mr.justice m.m.s.bedi present mr.r.s.tacoria, advocate, for the petitioners.m.m.s.bedi, j (oral).on receipt of notice annexure p8, from the assistant commissioner of police, panchkula, the petitioners have filed this application for pre-arrest bail. when questioned as to why the petitioners did not approach the sessions court, a serious apprehension of arrest has been shown. i have considered the facts and circumstances of this case. on a similar apprehension earlier, vide order dated 15.5.2014, this court had intervened to protect the liberty of the petitioners by observing that in case the petitioners are required to be arrested in any case by the police of jind, they would be issued four days notice in order to enable them to avail the legal remedy. a perusal of notice annexure p8 indicates that the petitioners were required to appear before the assistant raj kumar arora 1 2014.08.02 09:46 i attest to the accuracy and integrity of this document crm-m-25380-2014 (o&m) commissioner of police, panchkula, on 25.7.2014 in connection with complaint annexure p7 and other complaints against the petitioners.instead of appearing before the said authority, the petitioners have opted to approach this court for relief under section 438 cr.p.c.the judicial propriety demands that the petitioners should avail his remedy by approaching sessions court before coming to this court in case they have got a reasonable apprehension of arrest in a non- bailable offence. this petition is disposed of as not maintainable relegating the petitioners to approach the sessions court by 5.8.2014. arrest of the petitioners.however, will remain stayed till 5.8.2014 provided the petitioners appear before the assistant commissioner of police, panchkula in response to notice annexure p8 on any day before 5.8.2014. a copy of the order be given dasti on payment of usual charges. (m.m.s.bedi) july 31, 2014. judge rka raj kumar arora 2 2014.08.02 09:46 i attest to the accuracy and integrity of this document
Judgment:

CRM-M-25380-2014 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-25380-2014 (O&M).Decided on: July 31, 2014.

Ajay Kumar and another ....Petitioner(s) Versus State of Haryana and others ....Respondent(s) *** CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.R.S.Tacoria, Advocate, for the petitioneRs.M.M.S.BEDI, J (ORAL).On receipt of notice Annexure P8, from the Assistant Commissioner of Police, Panchkula, the petitioners have filed this application for pre-arrest bail.

When questioned as to why the petitioners did not approach the Sessions Court, a serious apprehension of arrest has been shown.

I have considered the facts and circumstances of this case.

On a similar apprehension earlier, vide order dated 15.5.2014, this Court had intervened to protect the liberty of the petitioners by observing that in case the petitioners are required to be arrested in any case by the police of Jind, they would be issued four days notice in order to enable them to avail the legal remedy.

A perusal of notice Annexure P8 indicates that the petitioners were required to appear before the Assistant raj kumar arora 1 2014.08.02 09:46 I attest to the accuracy and integrity of this document CRM-M-25380-2014 (O&M) Commissioner of Police, Panchkula, on 25.7.2014 in connection with complaint Annexure P7 and other complaints against the petitioneRs.Instead of appearing before the said authority, the petitioners have opted to approach this Court for relief under Section 438 Cr.P.C.The judicial propriety demands that the petitioners should avail his remedy by approaching Sessions Court before coming to this Court in case they have got a reasonable apprehension of arrest in a non- bailable offence.

This petition is disposed of as not maintainable relegating the petitioners to approach the Sessions Court by 5.8.2014.

Arrest of the petitioneRs.however, will remain stayed till 5.8.2014 provided the petitioners appear before the Assistant Commissioner of Police, Panchkula in response to notice Annexure P8 on any day before 5.8.2014.

A copy of the order be given dasti on payment of usual charges.

(M.M.S.BEDI) July 31, 2014.

JUDGE rka raj kumar arora 2 2014.08.02 09:46 I attest to the accuracy and integrity of this document