Suman Rani v. State Of Haryana And Another

CRM-M-36634-2023
Sr. No.204

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36634-2023 Date of decision:
  

SUMAN RANI ........Petitioner versus STATE OF HARYANA AND ANOTHER .......Respondents CORAM: HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN

Present:

Ms. Deepsikha, Advocate for Mr. Sandeep Goyat, Advocate for the petitioner.

  

  Mr. Subhash Kumar, Advocate for respondent No.2.

HARPREET KAUR JEEWAN, J. (ORAL) 1.

The instant petition has been filed under Section 439(2) of the Code of Criminal Procedure, 1973 seeking cancellation of anticipatory bail granted to the private respondent No.2 vide order dated 03.07.2023 (Annexure P-1), passed by the learned Additional Sessions Judge-cum-Special Court for Heinous Crime against Women, Hisar, in Bail Application No.288 dated 16.05.2023, titled as "Sunil vs. State of Haryana", in case FIR No.674 dated 17.11.2022, under Sections 323, 498-A, 506, 313 IPC, 1860, registered at Police Station Civil Lines, District Hisar (Annexure P-2).

2.

The Court of Sessions is also having the powers under Section 439(2) of the Code of Criminal Procedure, to order the arrest of a person, who has been released on bail. The said Section reads as under:- SIMRANDEEP KAUR 2024.09.02 16:28 I attest to the accuracy and integrity of this order/judgment.

CRM-M-36634-2023  "439 Special Power of High Court or Court of Session regarding bail. xxxx xxxx xxxx xxxx

(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody."

3.

The order under challenge has been passed by the Additional Sessions Judge-cum-Judge, Special Court for Heinous Crime against Women, Hisar. No such application has been moved before the said Court for cancellation of the said order. No reason has been mentioned for directly approaching this Court by way of filing the present petition, without approaching the Court of Session under Section 439 (2) Cr.P.C.

4.

Faced with this, learned counsel for the petitioner wishes to withdraw the present petition with liberty to approach the Court of Sessions for seeking appropriate relief, as has been sought in the present petition. 5.

Dismissed as withdrawn with aforesaid liberty. 6.

Pending miscellaneous applications, if any, shall stand disposed of. (HARPREET KAUR JEEWAN) JUDGE
  

simran Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SIMRANDEEP KAUR 2024.09.02 16:28 I attest to the accuracy and integrity of this order/judgment.