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2022 Supreme(P&H) 1412
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Anoop Chitkara, J.
Anil Mittal - Appellant
Versus
State of Punjab & Ors. - Respondents
Criminal Miscellaneous Petition (M) No. 59164 of 2022
Decided On : 19-12-2022
S.P. Arora, Advocate, H.S. Sitta, Advocate
Statutory rights cannot be denied, and the court must allow the relief sought by the petitioner.
Headnote:
Statutory Rights - Quashing Petition - The court allowed the withdrawal of the present petition with liberty to file a fresh quashing petition or bail petition, emphasizing that such relief cannot be denied as they are statutory rights.
Fact of the Case:
The petitioner sought to withdraw the present petition with liberty to file a fresh quashing petition or bail petition.
Finding of the Court:
The court allowed the withdrawal of the petition with liberty to file a fresh quashing petition or bail petition, emphasizing the statutory rights of the petitioner.
Issues: Petitioner's request to withdraw the present petition and file a fresh quashing petition or bail petition.
Ratio Decidendi: Statutory rights cannot be denied, and the court cannot deny the relief sought by the petitioner.
Final Decision: The present petition is disposed of as withdrawn with liberty to file a fresh quashing petition or bail petition.
JUDGMENT
Anoop Chitkara, J. - After arguing for some time, counsel for the petitioner wants to withdraw the present petition with liberty to file a fresh quashing petition at a later stage and also with liberty to file anticipatory bail under Section 438 CrPC. before this Court.
2. Since the prayers are statutory rights, this Court cannot deny such relief. Consequently, the present petition is disposed of as withdrawn with liberty to file a fresh quashing petition or bail petition. It is clarified that in case, the petitioner files a quashing petition on merits, filing and withdrawal of the present petition shall not come in the way.
Pending applications, if any, stand disposed of.
