Jaswinder Singh v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No. 24665 of 2015 Date of decision: 27.11.2015 Jaswinder Singh ....Petitioner(s)

Versus

State of Punjab and others

...Respondent(s)

CORAM: HON'BLE MR. JUSTICE G.S.SANDHAWALIA

Present:

Mr. H.C. Arora, Advocate, for the petitioner.

G.S.SANDHAWALIA, J. (Oral) Admittedly, the challenge in the present writ petition is to the charge sheet dated 15.10.2015 (Annexure P-11) issued by respondent no. 2. The petitioner has already filed his reply to the same. Nothing has been brought on record to show that the explanation has been accepted or not. Counsel for the petitioner, however, submits that the charge sheet is issued by an authority not competent to do so and his rights would be prejudiced. In the opinion of this Court at this stage, in the absence of any further decision having been taken by the respondents, the present writ petition is pre mature and is disposed of as such. It is always open to the petitioner to raise all these issues before the respondents. Counsel submits that he wishes to file some additional representations to the charge sheet on the issue of competence. It is always open to the petitioner to do so. The needful can be done within a period of 2 weeks and it is expected that the competent authority will decide the said issue before proceeding further.

27.11.2015 (G.S. SANDHAWALIA) shivani JUDGE SHIVANI GUPTA 2015.11.30 15:01 I attest to the accuracy and integrity of this document Chandigarh