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High Court of Punjab and HaryanaCRM-M/40465/2019disposed of

Simranjit Kaur And Others v. State Of Punjab And Another

2023-12-07Mr. Justice Kuldeep Tiwari2 pages

2023:PHHC:156618

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-40465-2019 Date of Decision : December 07, 2023 SIMRANJIT KAUR AND OTHERS -Petitioners V/S STATE OF PUNJAB AND ANOTHER -Respondents

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Mr. Angadpreet Singh, Advocate for the petitioners.

Ms. Kanica Sachdeva, A.A.G., Punjab.

Mr. Naresh Jain, Advocate for the respondent No.2.

*** KULDEEP TIWARI, J. (ORAL) 1.

Through the instant petition, as instituted under Section 482 of the Cr.P.C., a prayer is made for quashing of FIR no.149 dated 18.11.2018, under Sections 406, 420, 383, 388, 389, 120-B of IPC, registered at P.S. Phase 11, S.A.S. Nagar.

2.

The grievance, as raised before this Court, by the learned counsel for the petitioners is that the charge, as framed under Section 383 of IPC against the petitioners, is not attracted from a bare glance at the Final Report filed by the investigating agency. 3.

Be that as it may, in case the petitioners hold any grievance with regard to framing of wrong charges, they are seized of an alternative remedy of filing a statutory revision before the competent court concerned.

4.

Faced with the above situation, the learned counsel for the DEVINDER YADAV 2023.12.08 17:19 I attest to the accuracy and authenticity of this order/judgment

CRM-M-40465-2019 2023:PHHC:156618 petitioners seeks leave to withdraw the instant petition, however, with liberty to file a revision before the competent court concerned, thereby assailing the order, whereby, charges have been framed against the petitioners.

5.

Since the asked for liberty is not opposed by the opposite counsels, the liberty (supra) is granted to the petitioners. Therefore, in case the petitioners file a revision before the competent court concerned, which is accompanied by an appropriate application seeking condonation of delay, within a fortnight from today, the learned revisional court concerned shall consider the same most sympathetically, considering the fact that the petitioners were availing their other remedy before this Court. 6.

Disposed of accordingly.

(KULDEEP TIWARI) December 07, 2023 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2023.12.08 17:19 I attest to the accuracy and authenticity of this order/judgment