High Court of Punjab and Haryana, Chandigarh
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Pankaj & Raju v. State of Punjab - CRM-28232-M-2006  RD-P&H 7297 (15 September 2006)
Crl. Misc. No.28232-M of 2006
DATE OF DECISION:12.9.2006
Pankaj & Raju ..........Petitioner
State of Punjab & Ors. ..........Respondents
CORAM:- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL
Present:- Ms. Anju Arora, Advocate
for the petitioner.
Shri N.S. Gill, AAG, Punjab.
The petitioner has filed this petition under Section 482 Cr.P.C.
for issuing directions to respondents No.1 and 2 for registration of a criminal case against respondents No. 3 to 9, on the basis of complaint, Annexure P-2.
Pursuant to the notice issued, reply on behalf of respondent- State has been filed in Court today and the same is taken on record.
I have heard counsel for the parties.
In this case, respondents No.3 to 9 are the relatives of the wife of the petitioner. Undisputedly, a complaint filed by the wife under Sections 406/498-A is pending before the Women Cell. In the reply, it has been stated that on the complaint, Annexure P-2, an inquiry was conducted by the DSP, in which, the allegations levelled by the petitioner were found to be false. Undisputedly, a dispute is going between the husband and wife, therefore, it appears that with an intention to implicate relations of the wife, the aforesaid complaint was filed. It has further been stated that already a case has been registered against the petitioner's father on the complaint made by respondent No.9.
Keeping in view all these facts, I am not inclined to exercise the inherent and discretionary powers of this Court under Section 482 Cr.P.C.
to issue the directions sought for in this petition.
However, it will be open for the petitioner to avail his alternative remedy.
September 12, 2006 (SATISH KUMAR MITTAL) pooja JUDGE
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