9911796707
TMI Blog2024 (7) TMI 1590X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 19.05.2024. Since a separate application in this regard had also been filed by the petitioner, the same was rejected by the learned Magistrate on the ground that the grounds raised in the said i.e. non- compliance of Section 41A of Cr.P.C., have already been dealt with by the learned Magistrate in his order dated 19.05.2024, and, therefore, the same had become infructuous. It is true that the petitioner herein has not challenged the dismissal of the abovesaid application by the learned Magistrate, which he should have challenged before the learned Sessions Court as per the provisions of law, before approaching this Court. However, this Court is also of the opinion that it is not the non-compliance of Section 41A of Cr.P.C. alone which h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. The merit of the case will, however, be decided only after a reply is filed in this case by the State.
Let the matter be listed on 08.07.2024. X X X X Extracts X X X X X X X X Extracts X X X X ..... pliance of Section 41A of Cr.P.C. was disposed of by the learned Magistrate, with the observations that the issue of non-compliance of Section 41A of Cr.P.C. had already been dealt with by the learned Magistrate at the time of grant of police custody remand of the accused/petitioner vide order dated 19.05.2024. Sh. Sanjay Jain argues that the petitioner has not challenged the order of the learned Magistrate dated 20.05.2024 before the Court of Sessions and, therefore, since an alternative remedy is available to the petitioner, the present writ petition under Article 226 is not maintainable. Therefore, he prays that the petition be dismissed on this ground itself. 3. Sh. N. Hariharan, learned Senior Counsel appearing on behalf of the petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce custody remand had been sought by the State, and the same was dealt with and rejected by the learned Magistrate vide a detailed order dated 19.05.2024. Since a separate application in this regard had also been filed by the petitioner, the same was rejected by the learned Magistrate on the ground that the grounds raised in the said i.e. non- compliance of Section 41A of Cr.P.C., have already been dealt with by the learned Magistrate in his order dated 19.05.2024, and, therefore, the same had become infructuous. 6. It is true that the petitioner herein has not challenged the dismissal of the abovesaid application by the learned Magistrate, which he should have challenged before the learned Sessions Court as per the provisions of law, befo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged. 27.4. An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law. 27.5. When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion. 27.6. In case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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