In the High Court of Punjab and Haryana at Chandigarh Crl. Misc.No. 45227 -M of 2007(O&M) Date of Decision:26-3-2008 Smt. Anjana Goel ---Petitioner vs. State of Punjab ---Respondent Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. S.C.Nagpal, Advocate, for the petitioner. RAJESH BINDAL, J Learned counsel for the petitioner submits that while considering the application filed by the petitioner for discharge under Section 245 Cr.P.C., the Sub Divisional Judicial Magistrate, Nabha has not considered any of the issue raised by her. It is not disputed that the order passed by the learned Sub Divisional Judicial Magistrate in application under Section 245 Cr.P.C. is revisable before the learned Sessions Judge, under Section 397 Cr.P.C.. On this, learned counsel for the petitioner submits that because the petitioner had approached this Court by filing the present petition, the period of limitation for filing petition before the Sessions Judge has expired and the petitioner will now face difficulty in that regard. Notice of the present petition to Advocate General, Punjab only on the issue of consideration of delay in filing the revision before the Sessions Judge, which occurred on account of pendency of petition before this Court. Crl. Misc. No. 45227-M of 2007 (O&M) -2- Mr. Anter Singh Brar, DAG, Punjab, who is present in court, accepts notice on behalf of respondent-State. Heard learned counsel for the parties. Keeping in view the peculiar facts and circumstances of the present case, where the petitioner was pursuing the remedy before this Court by filing petition under Section 482 Cr.P.C., whereas the petitioner should have availed of the remedy of filing the revision before the learned Sessions Judge under Section 397 Cr.P.C., the petitioner is relegated to avail the alternative remedy in accordance with law. As the petitioner had approached this Court within the period of limitation for filing the revision before the Sessions Judge, in case the revision is filed on or before 21.4.2008, the same shall be considered and decided by the learned Sessions Judge on merits. The Criminal Misc. petition stands disposed of. (RAJESH BINDAL) JUDGE March 26, 2008 paramjit