Meera Dhiman v. State Of Punjab & ORS

VINOD KUMAR 2016.08.23 12:50 I attest to the accuracy and authenticity of this document Chandigarh

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.16657 of 2016 Date of decision:17.08.2016 Meera Dhiman

...Petitioner

Versus

The State of Punjab and others

...Respondents

CORAM:

Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Dinesh Rawat, Advocate, for the petitioner.

**** Rakesh Kumar Jain, J.

This petition is filed with a prayer to direct the official respondents to conduct further investigation in FIR No.16 dated 24.01.2015, registered under Sections 450/458/459/302/460/411 of IPC at Police Station Phase XI, SAS Nagar (Mohali), Punjab.

Counsel for the petitioner, during the course of hearing, has submitted that the challan has already been presented in this case and the trial is going on. The petitioner filed an application under Section 319 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") for summoning of respondent No.4, which was dismissed on 01.08.2015. The petitioner again filed applications under Sections 311 and 91 of the Cr.P.C., which have also been dismissed on 28.03.2016. Thereafter, the petitioner filed Crl. Revision No.189 of 2016 against the order passed under Section 319 Cr.P.C., which was withdrawn by her on 04.07.2016 with liberty to file a fresh petition. In fact, the remedy, if any, lies under the provisions of the Cr.P.C. and not by invoking the extraordinary writ jurisdiction under Articles 226/227 of the Constitution of India. Hence, the present petition is hereby dismissed on this ground alone.

August 17, 2016 (Rakesh Kumar Jain) vinod* Judge Whether speaking / reasoned:

Yes/No Whether Reportable:

Yes/No