High Court of Punjab and HaryanaCRM-M/8579/2020dismissed

Gurpreet Singh v. State Of Punjab And Others

2022-07-06Mr. Justice Gurvinder Singh Gill2 pages

In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-8579-2020 (O&M) Date of Decision:-6.7.2022 Gurpreet Singh ... Petitioner

Versus

State of Punjab and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Rajeshwar Singh, Advocate for the petitioner. ***** GURVINDER SINGH GILL, J.(Oral) The petitioner has approached this Court seeking setting aside of a legal opinion dated 29.8.2018 (Annexure P-17) furnished by District Attorney (Legal), Ludhiana, whereby a complaint filed by the petitioner against respondent No.4 has been 'filed' (meaning consigned) on the ground that respondent No.4 has not taken any advantage of the Schedule Caste Certificate, whereas infact such certificate was a forged certificate. On the previous dates of hearing, the petitioner had been specifically asked to address arguments with regard to maintainability of the petition.

Today, when this Court specifically put it to the petitioner as to how this petition is maintainable so as to challenge the opinion of the District Attorney, learned counsel for the petitioner submitted that it is on the basis of PANKAJ KAKKAR 2022.07.06 17:04 I attest to the authenticity and integrity of this document

( 2 ) CRM-M-8579-2020 (O&M) the said opinion that no FIR has been registered against respondent No.4, therefore, he has a right to challenge the said opinion. This Court is unable to agree with the aforesaid contention inasmuch as the petitioner can have resort to other remedies as may be available to him for lodging FIR against respondent No.4. The provisions of Section 482 Cr.P.C. cannot be invoked for setting aside any opinion furnished by a District Attorney. The petition, as such, is dismissed on ground of maintainability.

Needless to mention, the petitioner would be at liberty to avail of any other alternate efficacious remedies as may be available to him for redressal of his grievances.

6.7.2022 ( Gurvinder Singh Gill ) pankaj Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2022.07.06 17:04 I attest to the authenticity and integrity of this document