Sunita And Anr vs State Of Punjab And Ors
2024 Latest Caselaw 18989 P&H

Punjab-Haryana High Court

Sunita And Anr vs State Of Punjab And Ors on 28 October, 2024

Bench: G.S. Sandhawalia, Meenakshi I. Mehta

                               Neutral Citation No:=2024:PHHC:141469-DB




121
       IN THE HIGH COURT OF PUNJAB & HARYANA AT
                      CHANDIGARH

                                               LPA No.2669 of 2024
                                               Date of Decision: 28.10.2024

Sunita and another
                                                              .....Appellants.
                                   Versus
State of Punjab and others
                                                             .....Respondents.

CORAM:       HON'BLE MR. JUSTICE G.S. SANDHAWALIA
             HON'BLE MRS. JUSTICE MEENAKSHI I. MEHTA

                                    *****
Present:-    Mr. Jasinder Singh Sekhon, Advocate
             for the appellants.

             Mr. Santosh Kumar, Advocate
             for respondents No.4 and 5.

G.S. SANDHAWALIA, J.(Oral)

The present Letter Patent Appeal is directed against the order

dated 24.10.2024 passed by the learned Single Judge, whereby the

Criminal Writ Petition No.10176 of 2024 titled as 'Sunita and another

Versus State of Punjab and others' filed by the appellants was dismissed.

2. Mr. Santosh Kumar, Advocate has appeared in the Court and

filed power of attorney on behalf of respondents No.4 and 5, which is taken

on record.

3. We have interacted with the parents of appellant No.1, who

are residents of a village and have another daughter, who is yet to be

married.

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Neutral Citation No:=2024:PHHC:141469-DB

4. It has been held by the Apex Court in Ram Kishan Fauji

Versus State of Haryana and others, 2017 AIR Supreme Court 1535 that

if the order is passed while exercising the powers under Article 226 of the

Constitution of India while exercising criminal jurisdiction, the Letters

Patent Appeal will not be maintainable before the Division Bench.

5. Keeping in view the law laid down by Hon'ble Supreme Court

in the afore-cited judgment, we are of the considered opinion that the

present appeal is not maintainable and the same is, accordingly, dismissed.

                                                  (G.S. SANDHAWALIA)
                                                         JUDGE




                                                (MEENAKSHI I. MEHTA)
October 28, 2024                                      JUDGE
Yag Dutt
                   Whether speaking/reasoned:   Yes
                   Whether Reportable:          No




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