Sunita And ANR v. State Of Punjab And ORS

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH LPA No.2669 of 2024 Date of Decision: 28.10.2024 Sunita and another .....Appellants.

Versus

State of Punjab and others .....Respondents.

CORAM:

HON'BLE MR. JUSTICE G.S. SANDHAWALIA HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA ***** Present:- Mr. Jasinder Singh Sekhon, Advocate for the appellants.

Mr. Santosh Kumar, Advocate for respondents No.4 and 5.

G.S. SANDHAWALIA, J.(Oral) The present Letter Patent Appeal is directed against the order dated 24.10.2024 passed by the learned Single Judge, whereby the Criminal Writ Petition No.10176 of 2024 titled as 'Sunita and another Versus State of Punjab and others' filed by the appellants was dismissed. 2.

Mr. Santosh Kumar, Advocate has appeared in the Court and filed power of attorney on behalf of respondents No.4 and 5, which is taken on record.

3.

We have interacted with the parents of appellant No.1, who are residents of a village and have another daughter, who is yet to be married.

YAG DUTT 2024.10.29 15:41 I attest to the accuracy and authenticity of this order/judgment

LPA No.2669 of 2024 -24. It has been held by the Apex Court in Ram Kishan Fauji Versus State of Haryana and others, 2017 AIR Supreme Court 1535 that if the order is passed while exercising the powers under Article 226 of the Constitution of India while exercising criminal jurisdiction, the Letters Patent Appeal will not be maintainable before the Division Bench. 5.

Keeping in view the law laid down by Hon'ble Supreme Court in the afore-cited judgment, we are of the considered opinion that the present appeal is not maintainable and the same is, accordingly, dismissed. (G.S. SANDHAWALIA) JUDGE (MEENAKSHI I. MEHTA) October 28, 2024 JUDGE Yag Dutt Whether speaking/reasoned: Yes Whether Reportable:

No YAG DUTT 2024.10.29 15:41 I attest to the accuracy and authenticity of this order/judgment