← Library
High Court of Punjab and HaryanaCRM-M/61735/2023dismissed

Dhruv Sagar v. State Of Haryana And Another

2023-12-07Mr. Justice Alok Jain2 pages

2023:PHHC:156600

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH (134) CRM-M-61735-2023 Date of Decision:-07.12.2023 Dhruv Sagar ......Petitioner

Versus

State of Haryana and another ......Respondents CORAM: HON'BLE MR. JUSTICE ALOK JAIN ****

Present:

Mr. Pankaj Yadav, Advocate for the petitioner. Mr. Tanuj Sharma, AAG, Haryana.

**** ALOK JAIN, J. (Oral) 1.

The present petition has been filed raising challenge to the order dated 09.11.2023, whereby, the complaint filed by the respondent under Section 156(3) of Cr.P.C. has been allowed without following the appropriate procedure of law.

2.

Learned counsel for the petitioner submits that after filing of the present petition he has come to know that, in fact, an FIR on the said basis has been lodged at 10:25 P.M. on 04.12.2023 bearing FIR No. 329 at Police Station Sushant Lok, Gurugram.

3.

It is contended by the learned counsel for the petitioner that, in fact, an accident took place on 29.11.2021, in which the parents of the petitioner were injured and he had lodged an FIR against respondent No. 2, who subsequently after passage of six months filed this complaint without any basis.

PARUL 2023.12.14 18:04 I attest to the accuracy and authenticity of this document

2023:PHHC:156600 CRM-M-61735-2023 -24.

Learned counsel for the petitioner has further submitted that he has inspected the record but was not given the copy of the complaint and respondent No. 2 is abusing the process of law 5.

However, in light of the fact that after filing of this petition, the FIR has already been lodged, learned counsel for the petitioner prays that the present petition be permitted to be withdrawn with liberty to file a fresh in light of the changed circumstances and shall take all the grounds available to him in accordance with law.

6.

In light of the above, the present petitions stands dismissed as withdrawn, with liberty aforesaid.

7.

It is made clear that this Court has not expressed any opinion on the merits of the case and the liberty granted, if any, is only on the request of the counsel for the petitioner and is not a direction. (ALOK JAIN) JUDGE December 07, 2023 Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.12.14 18:04 I attest to the accuracy and authenticity of this document