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High Court of Punjab and HaryanaCRWP/5142/2023dismissed

Rajni v. State Of Punjab And Others

2023-05-262 pages

CRWP-5142 of 2023 -12023:PHHC:077096

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-5142 of 2023 Date of Decision:26.05.2023 Rajni .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Mr.Onkar Rai, Advocate for the petitioner.

***** SANJEEV PRAKASH SHARMA, J (ORAL) The present petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus for directing the respondent No.1 to 3 to protect the life and liberty of the petitioner. The petitioner is aggrieved of the action of the Police in not registering the FIR and not conducting the proper investigation. Learned counsel for the petitioner submits that a complaint was filed but they are forcing the petitioner to enter into a compromise. The petitioner prays for direction to the Police to take appropriate action against the respondents. The petitioner has not availed of the said effective remedy available under the Cr.P.C. and has directly approached this Court. The procedure under Cr.P.C. is available for redressal of grievances of the petitioner by moving application under Section 156 Cr.P.C. or by filing complaint under Section 190 Cr.P.C.

In view of the above submission, the opinion of this Court, first of all the petitioner must avail of the remedy which are available in law and if still the petitioner is aggrieved, she may approach this Court. RAMAN KUMAR 2023.05.29 16:39 I attest to the accuracy and integrity of this document

CRWP-5142 of 2023 -22023:PHHC:077096 Allowing the petitioner to take all the remedy available under Cr.P.C. for lodging of complaint and also getting the FIR registered, the present petition is dismissed accordingly.

(SANJEEV PRAKASH SHARMA) JUDGE 26.05.2023 Raman Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No RAMAN KUMAR 2023.05.29 16:39 I attest to the accuracy and integrity of this document