9911796707
TMI Blog2010 (5) TMI 962X X X X Extracts X X X X X X X X Extracts X X X X ..... 8B, Chandigarh. 2. The facts, in brief, are that, the marriage between Gauri daughter of the complainant and Amit Ahuja, petitioner was solemnized, through 'Chuni Chadai' ceremony, on 09.09.03, at Patiala. Thereafter, the marriage was registered on 12.09.03 and, ultimately proper 'Phera ceremony' as per Hindu religious rites, was performed, on 07.02.04, at Patiala. At the time of marriage, sufficient articles of dowry, and a cash amount of Rs. 4 lacs, were entrusted to the petitioner, and his co-petitioners (non-applicants). Prior to the solemnization of marriage, the petitioner, represented himself, to be an employee of SMB Computers, at Dubai, and, claimed that, his brother namely Ashish Ahuja, was a permanent resident of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to face trial, for the offences, punishable under Sections 406 and 498A IPC. 4. I have heard the Counsel for the parties, and, have gone through the documents, on record carefully. 5. The Counsel for the petitioner submitted that admittedly, Amit Ahuja petitioner, who is an accused in the aforesaid complaint is residing, in Dubai. She further submitted that, in Section 482 Cr. P.C. there is no reference to 'person aggrieved'. She further submitted that, if there is abuse of the process of Court, a person, genuinely interested, in the accused, can file a petition, under Section 482 Cr. P.C. She further submitted that, since the complaint, the summoning order, and all the subsequent proceedings, arising therefrom, are naming but an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y gone into and examined in a criminal case registered against specific accused persons, it is for them and they alone to raise all such questions and challenge the proceedings initiated against them at the appropriate time before the propel forum and not for third parties under the garb of public interest litigants. It was further held that the petitioner in that case (H.S. Chaudhary) had no locus standi to invoke the extraordinary jurisdiction of the High Court, under Section 482 Cr. P.C. for quashing the FIR and all other proceedings arising therefrom on the plea of preventing the abuse of process of the Court. In the above mentioned case the accused persons where alive and were capable of defending themselves and protecting their intere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red or a criminal complaint, has been filed, can file a petition, under Section 482 Cr. P.C. in the High Court, for quashing the complaint, the summoning order, and the subsequent proceedings, and no third person, can fight a proxy war, on his behalf, under the garb of public interest litigant. The aggrieved party, which is affected by an order, is required to seek redress of its grievance, by questioning the legal validity or correctness of the same. It is another thing, if the aggrieved party, is suffering from some disability i.e. unless such party is a minor, an insane person, or is suffering from any other disability, which, in law, is recognized as sufficient to permit any other person e.g. next friend, to move the Court, on his behal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Kaur v. State of Punjab Criminal Misc. No. 28203-M of 2004 decided on 3.4.06 by this Court, in support of her contention that the petition under Section 482 Cr. P.C. is maintainable by the accused through attorney. In Ravi Gupta's case (supra), the question that fell for consideration , was as to whether, a complaint, under Section 138 of the Negotiable Instruments Act, 1881, could be filed, by the complainant, through a power of attorney. The Delhi High Court, held that the complaint, could be filed, through a power of attorney, after obtaining the leave of the Court for pursuing the same, through the said attorney. In Gurmit Kaur's case (supra) no doubt, a single Bench of this Court, held that, a petition under Section 482 Cr. P.C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t this Court, in Kuldip Kaur @ Joginder Kaur's case (supra) directed that, on the appearance of the petitioner, in the Court, within the stipulated time, she shall be admitted to bail, on furnishing the bail bond and the surety bond. In none of the aforesaid cases, relied upon by the counsel for the petitioner, any invariable principle of law, was laid down, that a petition, under Section 482 Cr. P.C. for quashing the criminal proceedings, could be filed, through an attorney. These cases were decided, on the peculiar facts and circumstances, prevailing therein. No help, therefore, can be drawn by the Counsel for the petitioner from the aforesaid cases. Even otherwise, in view of the principle of law, laid down in Janata Dal's and, S ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
