IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
Criminal Misc. No.M-20532 of 2009 (O&M)
Date of Decision: 30.7.2009.
Mrs. Chanchal Sharma
....Petitioner
Versus
State of Punjab and others
...Respondents
CORAM : Hon'ble Mr. Justice Rajesh Bindal
Present:- Mr. Hemen Aggarwal, Advocate
for the petitioner.
RAJESH BINDAL J.
****
This is a petition for issuance of a direction to register the FIR
against respondents No.5 to 7 and other persons under the appropriate sections
of the Indian Penal Code.
Learned counsel for the petitioner states that petitioner made a
complaint dated 29.5.2009 (Annexure P1) to the Senior Superintendent of
Police, Fatehgarh Sahib, but no action has been initiated against the culprits.
Keeping in view the law laid down by Hon’ble the Supreme Court in
Sakiri Vasu Vs. State of U.P. and others 2008 (1) RCR (Criminal) 392 such a
petition for direction to the police for registration of FIR could not be entertained
as the petitioner has effective alternative remedy under Section 156 of the Code
of Criminal Procedure and as such this Court would not like to interfere in the
matter in its extra ordinary jurisdiction.
Faced with this situation, learned counsel for the petitioner submits
that he may be permitted to withdraw the present petition.
Accordingly, the petition is dismissed as withdrawn, however, with
liberty to the petitioner to avail of his alternative remedy in accordance with law.
(RAJESH BINDAL)
30.7.2009 JUDGE
Reema