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2022 Supreme(P&H) 1396
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Anand Prakash Handa - Appellant
Versus
Assistant Director, Directorate Of Enforcement & Anr. - Respondents
Criminal Miscellaneous Petition (M) No. 60706 of 2022
Decided On : 23-12-2022
Nitin Kant Setia, Advocate, Satya Pal Jain, Advocate, Shobhit Phutela, Advocate, Rajeev Anand, Advocate
The court allowed the withdrawal of the present petition with liberty to file separate petitions for challenging the proclamation order and seeking bail due to the contradictory prayers and the petitioner being a proclaimed offender.
Headnote:
Section 438 Cr.P.C - Misjoinder of pleadings - The court allowed the withdrawal of the present petition with liberty to file separate petitions for challenging the proclamation order and seeking bail.
Fact of the Case:
The petitioner filed a petition under Section 438 Cr.P.C and sought a prayer under Section 482 Cr.P.C, despite being a proclaimed offender.
Finding of the Court:
The court allowed the withdrawal of the present petition with liberty to file separate petitions for challenging the proclamation order and seeking bail.
Issues: Misjoinder of pleadings, contradictory prayers, withdrawal of the present petition
Ratio Decidendi: The court allowed the withdrawal of the present petition with liberty to file separate petitions for challenging the proclamation order and seeking bail due to the contradictory prayers and the petitioner being a proclaimed offender.
Final Decision: The present petition stands disposed of having been withdrawn, with liberty to file separate petitions for challenging the proclamation order and seeking bail.
JUDGMENT
Anoop Chitkara, J. - In the present petition filed under Section 438 Cr.P.C, the petitioner is also seeking a prayer under Section 482 Cr.P.C, which in the opinion of this Court even misjoinder of pleadings because of the contradictory prayers for the reason that the petitioner is a proclaimed offender.
Notices served upon the official respondents through the State's counsel.
Counsel for respondent No. 1 has opposed the present bail.
2. At this stage, counsel for the petitioner wants to withdraw the present petition with liberty to file a separate petition for challenging the proclamation order and a separate petition seeking bail.
3. The prayer being innocuous and the same is allowed.
4. Given above, the present petition stands disposed of having been withdrawn. All pending miscellaneous applications, if any, stand disposed of.
5. It is clarified that disposal of the present petition shall not come in the way in case, the petitioner files separate petitions in the aforesaid extent.
