High Court of Punjab and HaryanaCRR/2880/2016dismissed

Jaswant Singh v. State Of Punjab

2016-08-16Mrs. Justice Raj Rahul Garg2 pages

Criminal Revision No.2880 of 2016 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.2880 of 2016 Date of Decision:- 16.08.2016 Jaswant Singh ....Petitioner

Versus

State of Punjab ....Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. K.S. Sidhu, Senior Advocate, for Mr. G.S. Benipal, Advocate for the petitioner.

**** RITU BAHRI, J. (Oral) Petitioner has filed the present revision petition against the order dated 29.07.2016 passed by the learned Additional Sessions Judge, Ludhiana whereby an application for declaring him juvenile has been dismissed.

Perusal of order dated 29.07.2016 shows that the petitioner was married in the year 1994 and at that stage he was minor. His date of birth is 03.03.1978. After solemnizating the marrige, he went to Korea in the year 1995. Complainant-Ranjit Kaur has filed the complaint in the year 1997 as she was not allowed to live in the matrimonial house and was asked to bring money. The application filed by the petitioner has been dismissed by the lower Court on the ground that the complaint was filed in the year 1997 and the petitioner was major by that time.

Naresh Kumar 2016.08.30 16:41 I attest to the accuracy and integrity of this document Chandigarh

Criminal Revision No.2880 of 2016 -2After hearing the learned counsel for the petitioner, going through the record, this Court is of the considered view that the Additional Sessions Judge, Ludhiana has rightly dismissed the application filed by the petitioner and the same has been passed after appreciating the evidence in the correct prospective and does not require any interference. Such order, containing valid reasons, cannot possibly be interfered with by this Court, in exercise of limited revisional jurisdiction of this Court under Section 401 Cr.P.C., unless and until, the same is illegal, perverse and without jurisdiction. Since, no such patent illegality or legal infirmity has been pointed out by the learned counsel for the petitioner, so, the impugned order deserves to be and is hereby maintained in the obtaining circumstances of the case.

In the light of aforesaid reasons, as there is no merit, therefore, the instant revision petition is hereby dismissed as such. August 16, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No Naresh Kumar 2016.08.30 16:41 I attest to the accuracy and integrity of this document Chandigarh