Criminal Misc. No. M-9609 of 2011 (O&M) -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-9609 of 2011 (O&M) Date of decision : July 25, 2011 Gurpreet Singh alias Sony ....Petitioner versus State of Punjab and another ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. AS Bhatti, Advocate, for the petitioner L.N. Mittal, J. (Oral) Crl. Misc. No. 17643 of 2011 Allowed as prayed for. Criminal Misc. No. M-9609 of 2011 Gurpreet Singh alias Sony has filed this petition under section 482 of the Code of Criminal Procedure (in short, Cr.P.C.) to assail order dated 16.11.2009, Annexure P/3 passed by learned Additional Sessions Judge, Ludhiana thereby allowing application under section 319 Cr.P.C. and summoning petitioner and other persons as additional accused in FIR No. 169 dated 1.8.2008, under sections 307, 148, 149 IPC read with section 25 of Arms Act registered at Police Station Model Town, Ludhiana. Criminal Misc. No. M-9609 of 2011 (O&M) -2- I have heard learned counsel for the petitioner and perused the case file. Pursuant to order of the preceding date, learned counsel for the petitioner states that the petitioner learnt of the impugned order in January, 2010. However, the instant petition has been filed on 28.3.2011 i.e. after delay of 14 months. There is no explanation for this long delay of 14 months. Consequently, the instant petition under section 482 Cr.P.C. is liable to dismissal on ground of delay and laches. In the aforesaid context, it is significant to notice that revision petition is maintainable against the impugned order. On being asked as to why petition under section 482 Cr.P.C. has been filed instead of revision petition, learned counsel for the petitioner fairly stated that revision petition against impugned order had become time barred and therefore, petition has been filed under section 482 Cr.P.C. This statement itself shows that provision of section 482 Cr.P.C. is being abused to overcome the long delay in filing the revision petition. For the reasons aforesaid, without going into merits of the case, the instant petition is dismissed. ( L.N. Mittal ) July 25, 2011 Judge 'dalbir'