HARPAL SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) Harpal Singh, the petitioner has brought this petition under the provisions of section 482 Cr.P.C. for quashing the orders dated 28.05.2012 (Annexure P-4) and dated 04.06.2012 (Annexure P-7) as also to issue directions to learned trial court to initiate action and register a case against the respondents under section 340 Cr.P.C.

(2.) Learned counsel for the petitioner has contended that application filed by the petitioner under section 340 Cr.P.C. had been pending for two years without any action on the part of the court and in the absence of the petitioner, his counsel made a statement withdrawing that application. According to him, the petitioner never authorized his counsel to withdraw that application. He has further submitted that he limited his prayer in this petition only to the permission to file fresh application under section 340 Cr.P.C. He does not seek at the moment setting aside of any order.

(3.) Question that would arise here would be as to whether fresh application under section 340 Cr.PC. can be filed after withdrawal of the first one. This question has to be considered in the background of two positions. The first is that the petitioner himself permitted the application to be withdrawn and on second thought found the withdrawal of the application to be wrong and is trying to file a fresh application. The second one is that his application under section 340 Cr.P.C. was withdrawn by his counsel without any authority from him and he desires to file another application under the same provisions.