High Court of Punjab and HaryanaCRWP/10037/2020dismissed

Nitish v. State Of Punjab And Others

2020-12-22Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.10037 of 2020 (O&M) DATE OF DECISION: 22.12.2020 Nitish .....Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Hakam Singh, Advocate for the petitioner Mr. V.G. Jauhar, Senior Deputy Advocate General, Punjab ..

ALKA SARIN, J. (Oral):

Heard through video conferencing.

This is a Criminal Writ Petition under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing respondent Nos.2 to 4 to ensure protection of life and liberty of the petitioners and to take action on his representation as also to take appropriate legal action against the private respondents including registration of an FIR.

The petitioner had earlier approached this Court by filing CRWP No.5319 of 2020 and vide order dated 28.07.2020 the same was disposed off with a direction to the respondents to decide the representation dated 07.07.2020, Annexure P-3 therein. Thereafter, legal opinion was sought on the complaint/representation given by the petitioner. A perusal of the report dated 24.10.2020 reveals that it was opined by the District Attorney (Legal), Ludhiana that the petitioner not being an aggrieved person, the complaint was not maintainable at his behest. Thereafter, the petitioner filed COCP No.2471 of 2020 which PARKASH CHAND 2020.12.23 11:05 I attest to the accuracy and integrity of this document

CRWP No.10037 of 2020 -2was dismissed as withdrawn on 11.11.2020. In the order dated 11.11.2020, it has been noticed that on 27.10.2020 the representation given by the petitioner stood rejected. The petitioner withdrew the contempt petition with liberty to take action qua rejection of his representation in accordance with law. Strangely, the petitioner has yet again filed the present petition raising the same grievance. On a query put by the Court as to how the present petition is maintainable, the learned counsel for the petitioner seeks permission to withdraw this petition.

Dismissed as withdrawn.

(ALKA SARIN) JUDGE 22.12.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2020.12.23 11:05 I attest to the accuracy and integrity of this document