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2022 Supreme(P&H) 1232
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Avneesh Jhingan, J.
Mun Mun Dutta - Appellant
Versus
State Of Haryana - Respondent
CRM -M-2002 of 2022
Decided On : 18-01-2022
Ms. Ruchi Sekhri, Advocate, for the Appellant; Ms. Dimple Jain, AAG, Haryana, for the Respondent.
Failure to approach the Sessions Court before seeking anticipatory bail under Section 438 Cr.P.C. may result in dismissal of the petition.
Headnote:
Anticipatory Bail - Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - The court dismissed the petition seeking anticipatory bail under Section 438 Cr.P.C. as the petitioner had not approached the Sessions Court as required.
Fact of the Case:
The petitioner filed a petition seeking anticipatory bail in a case under Section 3(l)(u) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Finding of the Court:
The court dismissed the petition as withdrawn with liberty to approach the Sessions Court.
Issues: The main issue was the petitioner's failure to approach the Sessions Court before filing the petition for anticipatory bail.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioner had not followed the proper procedure of approaching the Sessions Court before seeking anticipatory bail.
Final Decision: The petition seeking anticipatory bail was dismissed as withdrawn with liberty to approach the Sessions Court.
JUDGMENT
ORDER
Avneesh Jhingan, J (Oral). - Due to COVID-19 situation, the Court is convened through video conference.
2. This petition under Section 438 Cr.P.C. is filed seeking anticipatory bail in FIR No. 291 dated 13.5.2021, under Section 3(l)(u) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (amendment 2015) at Police Station, Hansi City.
3. Learned counsel for the petitioner after arguing for some time and realising that the petitioner has not approached the Sessions Court, seeks permission to withdraw the present petition with liberty to approach Sessions Court.
4. Dismissed as withdrawn with liberty as prayed for.
