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High Court of Punjab and HaryanaCRWP/5145/2023dismissed

Gurjit Kaur v. State Of Punjab And Others

2023-05-261 pages

CRWP-5145 of 2023 -12023:PHHC:077077

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-5145 of 2023 Date of Decision:26.05.2023 Gurjit Kaur .... Petitioner

Versus

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

Present:

Mr.Raman Singla, Advocate for the petitioner. ***** SANJEEV PRAKASH SHARMA, J (ORAL) The present petition has been filed under Article 226 of the Constitution of India for issuance of direction to respondent No.2 and 3 to protect the life and liberty of the petitioner.

Petitioner has come before this Court allegedly for seeking the protection of her life and liberty from respondent Nos. 2 and 3. Instead of lodging the FIR, 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 submissions, the opinion of this Court, first of all, the petitioner must avail of the remedy which is available in law and if still the petitioner is aggrieved, she may approach this Court. 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