IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. -M No. 26716 of 2008 (O&M) Date of decision : January 12, 2009 Kunal ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice Pritam Pal Present : Mr. RS Mamli, Advocate for the petitioner Mr. SS Patter, Sr. DAG Haryana Pritam Pal,J. (Oral) Petitioner has brought this petition under section 438 of the Code of Criminal Procedure for seeking anticipatory bail in case FIR No.157 dated 9.9.2008 under sections 147, 149, 323, 452, 506 IPC registered at Police Station Sector 5, Old Gurgaon. The allegations against the petitioner are that he had purchased some sanitary items from the shopkeeper of the market on credit basis and when he demanded payment of his items, thereupon the petitioner came at the shop along with 5/6 companions and gave beatings to the complainant on his face, legs, arms and head. The mother of the complainant was also given beatings. It is also pointed out by the learned State counsel that the petitioner is also facing other criminal cases registered vide FIR Nos. 28, 203 and 232 of 2008, under sections 379, 356 IPC at Police Station Sector-5 Gurgaon i.e. of snatching of chains etc. In such likes cases, the provisions under section 438 of the Criminal Misc. -M No. 26716 of 2008 (O&M) -2- Code of Criminal Procedure are not to be invoked. Hence no ground for granting anticipatory bail is made out. Criminal Misc. is dismissed. ( Pritam Pal ) January 12, 2009 Judge 'dalbir'