Jaswinder Singh vs State of Punjab and Others

Rameshwar Singh Malik, J.—Learned counsel for the petitioner states that the petitioner has got the alternative remedy, which has not been availed by him so far. During the course of hearing, when confronted with the judgement of the Hon''ble Supreme Court of India, 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and Others, learned counsel for the petitioner very fairly states that let this petition be ordered to be dismissed as withdrawn, with liberty to the petitioner to avail his alternative remedy, in terms of the law laid down in Sakiri Vasu''s case (supra).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the petitioner and without prejudice to the rights of the parties, the instant petition is ordered to be dismissed as withdrawn, with liberty as prayed for.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 petitioner 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.