Vipan Mahajan vs State Of Punjab And Others
2023 Latest Caselaw 14387 P&H

SANDEEP GROVER
2023.08.28 17:09

2023:PHHC:112361

120 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CRM-M No.37028 of 2023 (O&M)
Date of Decision: 28.08.2023

Vipan Mahajan
eves Petitioner
Versus
State of Punjab and others
beveaees Respondents

CORAM: HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

Present: Mr. Kanwaljeet Singh, Advocate,
for the petitioner.

RAJBIR SEHRAWAT, J. (ORAL)

The present petition has been filed by the petitioner under Section 482 Cr.P.C. for quashing of order dated 12.07.2023 (Annexure P-7) passed by the Judicial Magistrate Ist Class, Ludhiana, in COMA-3364-2023 dated 20.01.2023 (registration date 23.01.2023), vide which, the trial Court instead of issuing directions to SHO concerned to register the FIR, treated the application/complaint of petitioner as private complaint, with certain

other prayers made in the present petition.

The pleadings and the prayers made in the present petition show that the Magistrate has not deprived the petitioner of his remedy qua his grievance, rather, his complaint has been treated as a complaint case instead of issuing directions to investigate the matter while exercising

powers under Section 156 (3) Cr.P.C.

| attest to the accuracy and integrity of this order/judgment.

CRM-M No.37028 of 2023 (O&M) --2-- 2023: PHHC:112361

In view of the above, this Court does not find any illegality or impropriety with the order passed by the Magistrate. Otherwise also, if the need be, on a particular aspect, the Magistrate is not precluded from getting assistance of the police for investigation in the said aspect even in future. Hence, the present petition is dismissed.

However, the petitioner would be at liberty to avail all the

legally available pleas before the trial Court, in accordance with law.

(RAJBIR SEHRAWAT) JUDGE 28.08.2023 sandeep Whether Speaking/Reasoned_: Yes/No Whether Reportable : Yes/No

SANDEEP GROVER 2023.08.28 17:09

| attest to the accuracy and integrity of this order/judgment.