Citation : 2024 Latest Caselaw 20064 P&H
Judgement Date : 12 November, 2024
Neutral Citation No:=2024:PHHC:146912
CR-6563-2024 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(109)
CR-6563-2024
Date of Decision: - 12.11.2024
Narinder Bhutani
....Petitioner
Versus
Anjali Bhutani
.....Respondent
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Lokesh Vohra, Advocate,
for the petitioner.
****
VIKAS BAHL, J. (ORAL)
1. Present revision petition has been filed under Article 227 of
the Constitution of India read with Section 151 CPC for initiating
appropriate criminal proceedings under Section 340 of Cr.PC against the
respondent/wife.
2. Learned counsel for the petitioner has submitted that earlier
CRM-M-15892-2018 titled as "Narinder Bhutani vs. Anjali Bhutani" was
filed by the petitioner and vide order dated 22.08.2024, the said petition
was withdrawn in view of the judgment passed by the Coordinate Bench
of this Court in CRM-M-19553-2023 titled as "Jaspal Kaur alias Pinki
and others vs. State of Punjab and others" decided on 24.04.2023. It is
submitted that as per the judgment dated 25.10.2024 of the Division
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Neutral Citation No:=2024:PHHC:146912
Bench of this Court passed in CR no.3407 of 2024 titled as "Hemant
Bhagat and others vs. Prekshi Sood Bhagat and other connected
matters" the petition under Section 482 Cr.P.C. has been held to be
maintainable. It is submitted that in view of the bar under the Cr.P.C., the
order dated 22.08.2024 passed in CRM-M-15892-2018 cannot be recalled
and thus, the petitioner be permitted to withdraw the present petition with
liberty to file a fresh petition under Section 482 Cr.P.C.
3. In view of the statement made by learned counsel for the
petitioner, the present petition is dismissed as withdrawn with the
aforesaid liberty.
( VIKAS BAHL )
November 12, 2024 JUDGE
naresh.k
Whether reasoned/speaking? Yes/No
Whether reportable? Yes/No
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