Rajiv Bajaj And ANR v. State Of Punjab And ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-23216-2012 (O&M) Date of Decision : April 01, 2025 RAJIV BAJAJ AND ANR -PETITIONERS V/S STATE OF PUNJAB AND ANR -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Kanwaljit Singh, Sr. Advocate with Mr. K.S. Rupal, Advocate for the petitioners.

Mr. Pardeep Bajaj, D.A.G., Punjab.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant writ petition, as instituted under Articles 226/227 of the Constitution of India, challenge is thrown to the order dated 14.08.2012 (Annexure P-18), whereby, the petitioners' application for compounding of the offence(s) has been rejected by the Divisional Forest Officer, S.A.S. Nagar, on the ground that, the matter is sub judice before the appellate court concerned.

2.

It is not under dispute that, the petitioners faced prosecution in four different complaints and they have been convicted in all those four complaints. Fetching grievance from their conviction, the petitioners have preferred statutory appeals before the appellate court concerned and the same are pending adjudication.

3.

The petitioners, if at all, believing the offence(s) to be compoundable, want compounding thereof, can very well move the apposite application(s) in this regard before the appellate court concerned. DEVINDER YADAV 2025.04.03 17:06 I attest to the accuracy and authenticity of this order/judgment

CWP-23216-2012 (O&M) The instant writ petition is, in fact, a misconceived motion, especially when the petitioners' statutory appeal is pending adjudication. 4.

Consequently, this Court, with the consent of the learned senior counsel for the petitioners, who submits that he does not want to press the instant writ petition at this stage, relegate the petitioners to the appellate court concerned. In case, the petitioners, within 30 days from today, file the apposite application for compounding of the offence(s) before the appellate court concerned, the latter shall, within two months' thereafter, decide the same on its own merits, after considering the issue of compoundability of the offence(s).

5.

Disposed of accordingly.

6.

Pending application(s) also stand disposed of accordingly. (KULDEEP TIWARI) April 01, 2025 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2025.04.03 17:06 I attest to the accuracy and authenticity of this order/judgment