Rajesh Kumar v. State Of Haryana And Others

CRM-M-36821-2023 2023:PHHC:097461

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-36821-2023 Date of decision : July 31, 2023 Rajesh Kumar ......Petitioner

Versus

State of Haryana and others ......Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN ***

Present:

Mr. J.S. Saneta, Advocate for the petitioner.

Mr. Gaurav Bansal, DAG, Haryana.

*** PANKAJ JAIN, J (ORAL) 1.

Present petition has been filed under Section 482 Cr.P.C. seeking direction to the respondents to take action and enquire into the complaint dated 25.04.2023 (Annexure P-7) and to register a case for offences punishable under Sections 499, 500, 506, 209, 211 and 182 IPC. 2.

The grievance of the petitioner relates to he having been booked in FIR No.487 dated 16.10.2012 for offences punishable under Section 148, 149, 447, 506 IPC and Section 3 (v) (x) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989.

3.

Learned counsel representing the petitioner has argued that in the complaints filed against the petitioner stands acquitted as the allegation levelled have been found to be false, thus the petitioner having cause of action filed the representation dated 25.04.2023 (Annexure P-7) before the authorities. However, the authorities have not initiated action against any of the respondents.

KUSUM 2023.08.24 17:22 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD

CRM-M-36821-2023 2023:PHHC:097461 4.

I have heard learned counsel for the petitioner and have gone through the record of the case.

5.

As per the petitioner himself he seeks that the private respondents be booked for offences punishable under Sections 499, 500, 506, 209, 211 and 182 IPC. In the considered opinion of this Court in view of the law laid down by the Apex Court in the case of Sakiri Vasu Vs. State of U. P. and others 2008 (2) SCC 409 the petitioner has alternate remedies under law and this petition under Section 482 will not be maintainable. 6.

In view of the aforesaid circumstances, this does not appear to be a fit case to exercise jurisdiction under Section 482 Cr.P.C. Consequently, the same is dismissed. However liberty is granted to the petitioner to avail alternate remedy(s) in accordance with law.

7.

Ordered accordingly.

(PANKAJ JAIN) July 31, 2023 JUDGE archana/Kusum Whether speaking/reasoned Yes/No Whether reportable Yes/No KUSUM 2023.08.24 17:22 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, CHD