Sudershan Kumar Rai vs Ut Chd And Ors
2022 Latest Caselaw 10550 P&H

CRM-M-40601-2022(O&M)                                                    1

      IN THE HIGH COURT OF PUNJAB & HARYANA AT
                   CHANDIGARH
                      ***

CRM-M-40601-2022(O&M) Date of decision : 06.09.2022

Sudershan Kumar Rai

... Petitioner

Versus

Union Territory of Chandigarh and others

... Respondents

CORAM: HON'BLE MR.JUSTICE VIKAS BAHL

Present: Mr.Kabir Sarin, Advocate for the petitioner.

Mr.Abhinav Gupta, Addl.P.P. for U. T. Chandigarh.

VIKAS BAHL, J.(ORAL)

This is a petition under Section 482 Cr.P.C. in which primarily

two prayers have been made, one is for registration of an FIR and other

prayer is for protecting the life and liberty of the petitioner.

Learned counsel for the petitioner seeks to withdraw the

present petition with liberty to file a fresh petition only with respect to

protection of life and liberty after giving an appropriate representation

regarding the same to respondent no.3. It is further submitted that as far as

his second prayer for registration of FIR is concerned, learned counsel for

the petitioner, in view of the judgment of Hon'ble Supreme Court of India in

case titled as Sakiri Vasu vs. State of U.P. And others, reported as 2008(2)

SCC 409 and in M.Subramaniam and another vs. Janaki and another,

Criminal Appeal no.102 of 2011, decided on 20.03.2020, has submitted

that liberty be granted to him to file an appropriate application before a

Magistrate.

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In view of the above, the present petition is dismissed as

withdrawn, with liberty to file a fresh petition only with respect to

protection of life and liberty of the petitioner after making appropriate

representation to respondent no.3. Liberty is also granted to the petitioner to

file an appropriate application before a Magistrate with respect to the prayer

for registration of the FIR.

In case any such application is filed before the Magistrate

under Section 156(3) Cr.P.C., the same would be considered independently,

on its merits, by the trial Court.

Pending miscellaneous application stands disposed of in view

of the abovesaid order.

                                                    (VIKAS BAHL)
                                                       JUDGE
September 06, 2022
Davinder Kumar

                 Whether speaking / reasoned                       Yes/No
                 Whether reportable                                Yes/No




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