Balwant Singh vs State of Punjab and Others

Rameshwar Singh Malik J.—Feeling aggrieved against the alleged inaction on the part of the Investigating Agency, the petitioner has approached this Court, by way of instant petition, u/s 482 Cr.P.C., invoking its inherent jurisdiction, seeking directions to the respondents for taking appropriate action in FIR No. 16 dated 22.02.2012, registered at Police Station Khalra, under Sections 323/325/295 IPC and to submit final report before the learned Illaqa Magistrate.

Learned counsel for the petitioner, at the very outset, very fairly states that the petitioner has got the equally efficacious remedy, which has not been availed by him so far.

During the course of hearing, when confronted with the judgment of Hon''ble the Supreme Court in the case of Sakiri Vasu Vs. State of U.P. and Others, , learned counsel for the petitioner very fairly states that let this petition be dismissed as withdrawn, with liberty to the petitioner to avail his alternative remedy, in terms of law laid down by Hon''ble the Supreme Court in Sakiri Vasu''s case (supra).

In view of the statement made by learned counsel for the petitioner and without prejudice to the rights of the parties, the present petition is ordered to be dismissed as withdrawn, with liberty as prayed for.

However, lest this order is misunderstood, it is made clear that as and when the petitioner moves an appropriate petition to the concerned authority, under Chapter XII of the Code of Criminal Procedure, 1973, the same shall be considered, dispassionately and expeditiously, passing appropriate orders thereon, in accordance with law. With the observations made above, the present petition stands disposed of.