Calcutta High Court (Appellete Side)
(Alam Nawaz Mondal vs Union Of India & Ors.) on 7 July, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
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07.07. 2014
rrc W. P. 13710 (W) of 2014
(Alam Nawaz Mondal Vs. Union of India & Ors.)
Mr. Robiul Islam
Mr. S. Das Mahapatra
....For the petitioner
A notice published in The Statesman (New Delhi edition dated 27th
March, 2014) in regard to proclamation issued under Sections 82 and 83
of the Code of Criminal Procedure (hereafter the 'Code') in connection
with a complaint lodged by the respondents 2, 3 and 4 before the Judicial
Magistrate, 1st Class at Gurgaon is under challenge in this writ petition on the ground that the procedural safeguards enshrined in Section 138 of the Negotiable Instruments Act read with Section 142 thereof together with the provisions contained in Section 202 of the Code have not been followed.
If at all what the petitioner claims is correct, nothing prevents him from approaching the appropriate court in the State of Haryana to have the proclamation issued by the Judicial Magistrate quashed. A writ Court ought not to entertain a writ petition claiming a remedy, which is otherwise available to a party in terms of the provisions of the Code. Reference in this connection may be made to the decision of the Supreme Court reported in 1996 (2) SCC 37.
The writ petition stands dismissed, without order for costs. This order shall not preclude the petitioner to pursue his remedy in accordance with law.
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Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
( Dipankar Datta, J. )