Punjab-Haryana High Court
Ajay Soni vs State Of Punjab And Ors on 22 October, 2024
Neutral Citation No:=2024:PHHC:138523
CRWP-10162-2024 1
123 IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
CRWP-10162-2024
Date of decision: 22.10.2024
Ajay Soni ....Petitioner
Versus
State of Punjab and others ....Respondents
CORAM: HON'BLE MRS. JUSTICE AMARJOT BHATTI
Present: Mr. Kaushik Dey, Advocate
for the petitioner.
(appeared through video conferencing).
Mr. Kewal Singh, Addl.A.G. Punjab.
****
AMARJOT BHATTI, J.
Petitioner has filed the present petition under Article 226 of Constitution of India read with under Section 528 BNSS of 2023, seeking issuance of writ in the nature of Mandamus directing respondent Nos.1 to 3 to take appropriate step to arrest Sanjeev Dhuna-convict/respondent No.4.
2. Learned counsel for the petitioner pointed out that petitioner Ajay Soni had filed complaint under Section 138 of Negotiable Instruments Act (Annexure P-2) in which Sanjeev Dhuna was convicted and sentenced. Copy of judgment and order of sentence dated 12.07.2019 is Annexure P-3. Appeal preferred by Sanjeev Dhuna was also dismissed by the Court of Additional Sessions Judge, Amritsar, vide judgment dated 19.03.2024 which is Annexure P-4. Respondent No.4 is absconding and has not been arrested by the police. As a result, present petition has been filed.
3. I have considered the aforesaid facts and have gone through 1 of 2 ::: Downloaded on - 27-10-2024 15:47:55 ::: Neutral Citation No:=2024:PHHC:138523 CRWP-10162-2024 2 the record. On inquiry, learned counsel representing the petitioner conceded that re-arrest warrants of Sanjeev Dhuna has been issued by Judicial Magistrate 1st Class and the Learned Additional Sessions Judge, Amritsar, is also calling for the report from the concerned Magistrate. Copies of zimni order dated 20.08.2024, passed by the Learned Judicial Magistrate 1st Class and the report called by concerned Additional Sessions Judge vide order dated 31.08.2024 are also placed on file. This record indicates that matter is pending before Learned Judicial Magistrate 1st Class for re-arrest of respondent No.4, duly monitored by Learned Additional Sessions Judge, Amritsar.
4. Therefore, in the light of this, no further direction is required and present criminal writ petition stands disposed of accordingly.
(AMARJOT BHATTI) JUDGE 22.10.2024 monika
1. Whether speaking/ reasoned : Yes /No
2. Whether reportable : Yes /No 2 of 2 ::: Downloaded on - 27-10-2024 15:47:56 :::