Vivek Singh v. Smt. Naina Toor Singh And ORS

1 appw-433.16.docx pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.433 OF 2016 IN CRIMINAL WRIT PETITION NO.3435 OF 2015 Vivek Singh ... Applicant Vs.

Smt. Naina Toor Singh and Ors.

... Respondents Mr. Subhash Jha a/w Ms. Sanjana Pardeshi I/by Law Global Advocates for the Applicant.

Mr. J.P. Yagnik, APP for the Respondent Nos.2 and 3. CORAM :

A.S.OKA AND A.A. SAYED, JJ.

DATE :

30th NOVEMBER 2018.

P.C. :

Heard the learned counsel appearing for the applicant. The learned counsel appearing for the applicant submits that in view of settled law this Court could have entertained the writ petition for quashing FIR registered in Mohali in State of Punjab.

Writ jurisdiction under Article 226 of the Constitution of India is always discretionary. Clause (ii) of the order dated 19th August 2016 shows that this Court has exercised discretion by not entertaining writ petition on the ground of propriety. Hence, no case is made out to recall the order. Application is rejected.

(A.A. SAYED, J.) (A.S.OKA, J.)