High Court Punjab-Haryana High Court

Lekh Raj vs State Of Punjab And Others on 12 August, 2009

Punjab-Haryana High Court
Lekh Raj vs State Of Punjab And Others on 12 August, 2009
            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH.

                                    Criminal Misc. No.M-21973 of 2009 (O&M)

                                    Date of Decision: 12.8.2009.

Lekh Raj
                                                    ....Petitioner

               Versus

State of Punjab and others
                                                     ...Respondents

CORAM : Hon'ble Mr. Justice Rajesh Bindal

Present:-      Mr. Peeush Gagneja, Advocate
               for the petitioner.

RAJESH BINDAL J.

                        ****

This is a petition for issuance of a direction to register the FIR

against respondents No.4 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 10.6.2009 (Annexure P3) to the Senior Superintendent of

Police, Ferozepur 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Accordingly, the petition is dismissed as withdrawn, however, with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)
12.8.2009                                             JUDGE
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