Ajay Soni vs State Of Punjab And Ors
2024 Latest Caselaw 18757 P&H

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

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Neutral Citation No:=2024:PHHC:138523

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

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