Vahideen vs State of Haryana and Others

Rameshwar Singh Malik, J.

CRM No. 3888 of 2012

Application is allowed subject to all just exceptions.

Criminal misc. application stands disposed of.

Criminal Misc. M-No. 1923 of 2012

Learned counsel for the petitioner has fairly admitted in the very beginning of his submissions that the report u/s 173 Cr.P.C. had already been presented to the Court concerned, in the present case. He also concedes that petitioner has got alternative remedy.

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State of U.P. and Others, learned counsel for the petitioner very fairly states that let this petition be dismissed as withdrawn, with liberty to avail the alternative remedy, in terms of law laid down by Hon''ble the Supreme Court in Sakiri Vasu''s case (supra).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counsel for the petitioner and without prejudice to the rights of the parties, the present petition is dismissed as withdrawn with liberty as prayed for.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 order thereon, in accordance with law.

With the observations made above, the present petition is disposed of.