Jaswant Kaur and Another vs State of Punjab and Others

Rameshwar Singh Malik, J.—Feeling aggrieved against the alleged inaction on the part of respondent authorities, petitioners have approached this court by way of instant petition u/s 482 of the Code of Criminal Procedure, invoking its inherent jurisdiction for appropriate directions to the respondent authorities. Learned counsel for the petitioners, at the very outset, fairly states that the petitioners have got the alternative remedy, which has not been availed by them, so far.

During the course of hearing, when confronted with the judgment of the Hon''ble Supreme Court of India, in the case of Sakiri Vasu Vs. State of U.P. and Others, which has recently been reiterated in Samaj Parivartan Samudaya and others Vs. State of Karnataka and others, 2012 (3) RCR (Crl.) 788, learned counsel for the petitioners very fairly states that let this petition be ordered to be dismissed as withdrawn, with liberty to the petitioners to avail their alternative remedy, in terms of the law laid down in Sakiri Vasu''s case (supra).

In view of the above statement made by the learned counsel for the petitioners and without prejudice to the rights of the parties, the instant petition is ordered to be dismissed as withdrawn, with liberty as prayed for.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 appropriate petition is moved by the petitioners before the concerned authority under Chapter XII of the Code of Criminal Procedure, the same shall be considered dispassionately and expeditiously, passing appropriate orders thereon, in accordance with law. With the observations made above, the instant petition is disposed of.