Rajbir v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRMM No. 56848 of 2024 (O&M) Date of Decision: 14.11.2024 Rajbir .....Petitioner versus State of Haryana and others .....Respondents












 


Present :

Mr. Abhay Gupta, legal Aid counsel for the petitioner. Mr. Deepak Balyan, Addl. Advocate General, Haryana. **** 



 

 The grievance of the petitioner, who happens to be the complainant, by invoking inherent powers of the Court is that application under Section 156(3) of the Code of Criminal Procedure filed by the petitioner before the concerned Magistrate has suffered dismissal despite the petitioner alleging commission of cognizable offences.

2.

Though the application before the Magistrate continues to be pending for recording of preliminary evidence of complainant but to the extent it declines grant of relief under Section 156(3) Cr.P.C. Accordingly, the same to that extent is a final order which can very well be challenged by the petitionercomplainant before the Court of Sessions by way of criminal revision.

3.

Accordingly, without interfering on merits, this Court affords an opportunity to the petitioner to approach the Court of Sessions against the order passed by the concerned Magistrate.

4.

With these observations, the petition stands disposed of. (SHEEL NAGU) CHIEF JUSTICE 14.11.2024 ravinder Whether speaking/reasoned √Yes/No Whether reportable Yes/No√ RAVINDER KUMAR 2024.11.14 17:39 I attest to the accuracy and integrity of this document