IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Crl. Misc. No.: M-1446 of 2009
Date of Decision : 16.1.2009
Wing Commander KVSN Murthy ...Petitioner
Versus
1. State of Haryana ...Respondents
2. Dalip Kumar
CORAM:HON'BLE MR. JUSTICE M.M.S.BEDI
Present: Mr. Ashish Rawal, Advocate,
for the petitioner.
M.M.S.Bedi, J. (ORAL)
Petitioner apprehends arrest in a case of accident of year 2006,
on the basis of non-bailable warrants issued against him. The petitioner
has not approached the Sessions Court for seeking relief under Section
438 Cr.P.C. but has straight-way filed the petition for quashing of the FIR
solely on the ground that he is serving at Andhra Pradesh and that on the
alleged date of accident he was present in Andhra Pradesh.
I have heard counsel for the petitioner. The petitioner seems to
have directly approached this Court under Section 482 Cr.P.C. without
availing the actual legal remedy, which is available to him. I have also
considered the threat to the life and liberty as expressed by counsel for
the petitioner. This petition is disposed of as not maintainable, at this
stage.
However, the petitioner will be at liberty to seek the remedy
under Section 438 Cr.P.C. as he has got reasonable apprehension of arrest
in a criminal case. Taking into consideration the fact that petitioner
is posted at a distant place and on account of exigencies of his service
Crl. Misc. No.: M-1446 of 2009 -2-
execution of non-bailable warrants against him in bailable offence will
certainly cause prejudice to him. Taking into consideration the totality of
the circumstances, while relegating the petitioner to avail the remedy
under Section 438 Cr.P.C., before the Sessions Court within a period of
15 days, a direction is issued that the petitioner will not be arrested till
30.1.2009 in case FIR No.363/06 dated 7.12.2006 pursuant to the non-
bailable warrants issued against him. The petitioner may avail the relief
available to him by moving an application under Section 438 Cr.P.C.
within a period of 15 days i.e. by 30.1.2009.
A copy of the order be given dasti on payment of usual charges.
16.1.2009 (M.M.S.BEDI) Vimal JUDGE