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High Court of Punjab and Haryana · body

2025 DAILYLAW 52023 (PNJ)

NIKHIL SARAF v. UNION OF INDIA AND OTHERS

CWP-PIL/98/2025 · 2025-07-17

Sanjiv Berry

Public Interest Litigationbody2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 115 CWP-PIL-98-2025 (O&M) DATE OF DECISION : 17th July, 2025 Nikhil Saraf ... Petitioners Versus Union of India and others ... Respondents CORAM : HON’BLE MR. JUSTICE SHEEL NAGU, CHIEF JUSTICE HON’BLE MR. JUSTICE SANJIV BERRY * * * Present : Mr.Amit Sharma, Advocate for the petitioner. Mr.Satya Pal Jain, Additional Solicitor General of India with Mr.Dheeraj Jain (through VC), Senior Panel Counsel for Union of India. Mr.Salil Sabhlok, Sr.DAG, Punjab and Mr.Luvinder Sofat, Sr.DAG, Punjab. * * * SHEEL NAGU, CJ. (Oral) 1. This Public Interest Litigation has been filed raising several issues, but in essentiality the grievance is that certain offences involving moral turpitude have been committed and despite the petitioner having made efforts to raise grievance before various State Authorities as well as Punjab State Commission for Women, in that regard Police has not taken any action for registration of FIR. Gianender Kumar 2025.07.22 11:33 I attest to the accuracy and integrity of this document CWP-PIL-98-2025 -2- 2. The State has filed an affidavit stating that the complaint filed before the Director General of Police, Punjab is pending consideration. 3. Be that as it may, the Code of Criminal Procedure, 1973 has ample provisions providing alternative statutory remedy under Sections 156(3) read with Section 190 and 200 (Sections 175 and 223 of Bharatiya Nagarik Suraksha Sanhita, 2023), which have not been availed, in the present case. 4. If the offences, alleged by the petitioner are cognizable, we have no manner of doubt that concerned jurisdictional Magistrate/Special Court, if approached, shall proceed in accordance with law. 5. It is made clear that we have neither gone into the issue of maintainability of the subject matter nor into the merits of the allegations. 6. Petition stands disposed of accordingly with aforesaid liberty. ( SHEEL NAGU ) CHIEF JUSTICE 17th July, 2025 ‘gian’ ( SANJIV BERRY ) JUDGE Whether speaking/reasoned: Yes No Whether Reportable: Yes No Gianender Kumar 2025.07.22 11:33 I attest to the accuracy and integrity of this document