Punjab-Haryana High Court
Rk Chauhan vs Union Of India & Others on 25 August, 2011
Author: Ranjit Singh
Bench: Ranjit Singh
Civil Writ Petition No.3383 of 2011 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Writ Petition No.3383 of 2011
DATE OF DECISION: AUGUST 25, 2011
RK Chauhan
.....Petitioner
VERSUS
Union of India & others
....Respondents
CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH
PRESENT: Mr. Rajeev Anand, Advocate,
for the petitioner.
Ms. Amarpreet Kaur Sandhu, Advocate,
for the respondents.
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RANJIT SINGH, J.
The petitioner is an Assistant Commandant (Engineer) working with the Indo Tibetan Border Police Force (for short 'ITBPF'). He has filed this writ petition for quashing charge sheet dated 29.6.2010 and orders dated 7.12.2010, 24.1.2011 and 17.2.2011 directing his trial by General Force Court, which is to be held at Tezpur.
As per the petitioner, he cannot be put to trial before the General Force Court because the offences alleged against him are barred by limitation as prescribed under Section 88 of ITBPF Act, 1992.
The petitioner has simply been served certain orders under the territorial jurisdiction of this Court. Cause of action appears to have arisen at his previous place of posting i.e. Tezpur. Civil Writ Petition No.3383 of 2011 -2- Without going into the legality of the right of the petitioner to invoke jurisdiction of this Court, the petitioner apparently would have to first raise his plea against the jurisdiction of the General Force Court to try him for the offences which are barred by imitation or on any other ground available to him as per the statutory provisions of ITBPF Act. The petitioner would be at liberty to raise all such pleas before the General Force Court, as and when he is put to trial. At this stage, it would be premature to interfere in exercise of writ jurisdiction.
The writ petition is, therefore, dismissed.
August 25, 2011 (RANJIT SINGH) monika JUDGE