IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-24838 of 2008 Date of decision:12.01.2009 Afsina @ Asmina .....Petitioner versus State of Haryana and others .....Respondents BEFORE: HON'BLE MR. JUSTICE RAJAN GUPTA Present: None for the petitioner. Mr. Tarun Aggarwal, Sr. DAG, Haryana for respondent. Mr. Gautam Dutt, Advocate for respondent no. 4 and 5. Rajan Gupta, J(Oral) In the present petition, the petitioner has sought quashing of the order dated 28.08.2008 passed by learned Judicial Magistrate Ist Class, Ferozepur Jhirka. By way of the said order, the trial court ordered the release of the accused from custody as no further remand was sought by the accused. The trial court took note of the fact that discharge report had been filed by the prosecution under Section 173 of Cr.P.C. Learned counsel for the petitioner submits that the order passed by the trial court is palpably wrong and deserves to be quashed. Learned State counsel, however, submits that Crl.Misc.No.M-24838 of 2008 (2) notice of the 173 report has already been given to the respondent and he has remedy before the trial court by way of protest petition. In facts and circumstances of the case, I am of the considered view that no case is made out for interference under inherent jurisdiction of this Court under Section 482 Cr.P.C. The petitioner, if so advised may pursue his remedy before the trial court. A perusal of the order shows that notice of the report submitted by the investigating agency has been issued to him. The petitioner has effective remedy before the trial court. This petition is dismissed without commenting on merits of the case. The petition is dismissed. [RAJAN GUPTA] JUDGE 12th January, 2009 Skaushik