101 CRM-M-28952-2013 SUMIT GARG & ANR VS STATE OF PUNJAB Present: Mr.Bipan Ghai, Senior Advocate, with Mr.Paras Talwar, Advocate, for the petitioners *** The petitioners pray for grant of bail in anticipation of arrest in FIR No.194 dated 27.7.2013 for offence under Sections 406, 498-A IPC ( Section 304-B IPC added subsequently).registered at Police Station, Gobindgarh Mandi, District Fatehgarh Sahib.
Counsel for the petitioners submits that after the occurrence, resulting in death of SiMs.Garg due to burn injuries, her husband Amit Garg committed suicide and criminal proceedings have been initiated in regard to death of Amit Garg by lodging FIR No.155 dated 26.8.2013 (Annexure P-4).It is further submitted that the status of Shilpa Garg, wife of Sumit Garg was the same as that of the deceased as she is the elder daughter-in-law of the family.
The deceased levelled general and omnibus allegations against all the family members of Amit Garg including Shilpa Garg and the allegations are that her husband and other family members taunted her and harassed her.
Petitioner No.2 has a small child aged about 1½ year and the petitioners are ready to join investigation and co-operate throughout.
The last submission made by counsel is that even the matter has been settled between the two families by way of a compromise.
Notice of motion for 13.11.2013.
In the meantime, the petitioners are directed to join investigation within seven days and on their appearance before the arresting/investigating officer, they shall be admitted to bail on their Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh CRM-M-28952-2013 -2- furnishing bail bonds to the satisfaction of the concerned officer subject to the following conditions:- i) they shall make themselves available for interrogation by a police officer as and when required; (ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) they shall not leave India without the previous permission of the Court.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 102 CRM-M-29342-2013 SANEH LATA GARG VS STATE OF PUNJAB *** Present: Mr.D.R.Bansal, Advocate for the petitioner *** CRM No.39099 of 2013 Allowed as prayed for.
CRM not M- 29342 of 2013 The petitioner prays for grant of bail in anticipation of arrest in FIR No.10 dated 6.6.2013 for offence under Sections 406, 498-A IPC, registered at Police Station, Women Police Station, Jagraon, District Ludhiana.
Counsel for the petitioner submits that Sneh Lata Garg, petitioner is the mother-in-law of the complainant and she has levelled general allegations against her husband and his family members in regard to harassment and cruelty without any plea of entrustment of any amount or articles of 'stridhan' of the complainant to the petitioner.
The petitioner is ready to join investigation and co-operate through out.
Notice of motion for 24.9.2013.
In the meantime, the petitioner is directed to join investigation within seven days and on her appearance before the arresting/investigating officer, she shall be admitted to bail on her furnishing bail bonds to the satisfaction of the concerned officer subject to the following conditions:- i) she shall make herself available for interrogation by a police officer as and when required; (ii) she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and (iii) she shall not leave India without the previous permission of the Court.
(REKHA MITTAL ) JUDGE September 05, 2013 Saini ParamjitPARAMJIT Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 103 CRM-M-29473-2013 RAJ KAUR & ANR VS STATE OF HARYANA Present: Mr.Amandeep Chhabra, Advocate, for the petitioners The petitioners pray for grant of bail in anticipation of arrest in FIR No.190 dated 25.6.2013 for offence under Sections 498-A, 406, 323 IPC, registered at Police Station, City Mandi Dabwali, District Sirsa.
Counsel for the petitioners contends that a reading of averments set up in the FIR would reveal that the main grievance of the complainant is against her husband on the allegations that he has illicit relations with one Karamjit Kaur and a demand of Rs.2,00,000/- was made for sending husband of the complainant and said Karamjit Kaur abroad.
Notice of motion for 13.11.2013.
In the meantime, the petitioners are directed to join investigation within seven days and on their appearance before the arresting/investigating officer, they shall be admitted to bail on their furnishing bail bonds to the satisfaction of the concerned officer subject to the following conditions:- i) they shall make themselves available for interrogation by a police officer as and when required; ii) they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; and iii)they shall not leave India without the previous permission of the Court.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 104 CRM-M-29545-2013 TAPAN KUMAR SAHU & ANRS VS STATE OF PUNJAB Present: Mr.Mohit Garg, Advocate, for the petitioners --- Counsel for the petitioners states that the petition may be dismissed as withdrawn qua petitioner No.1.
Ordered accordingly.
Counsel prays for some time to place documents in regard to petitioner No.2 being in advance stage of pregnancy, on record.
Adjourned to 11.9.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 105 CRM-M-29550-2013 RAVINDER SINGH AND ANR.
VS STATE OF PUNJAB Present: Mr.P.S.Jammu, Advocate, for the petitioners --- Counsel for the petitioners prays for time to place on record Medico Legal Report in regard to injuries sustained by one of the petitioners along with medical opinion regarding those injuries.
Adjourned to 11.9.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 106 CRM-M-29125-2013 GURPAL SINGH @ PALA @ PAL SINGH AND ORS VS STATE OF PUNJAB Present: None.
In the interest of justice, adjourned to 20.9.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 106 CRM-M-29167-2013 Parmatama Singh versus State of Punjab Present: None.
In the interest of justice, adjourned to 20.9.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh In the High Court of Punjab and Haryana at Chandigarh Crl.
Misc.
not M-29594 of 2013 Date of Decision: September 05, 2013 Gurpreet Singh ---Petitioner versus Ratinder Kaur ---Respondent Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.A.S.Jattana, Advocate for the petitioner *** REKHA MITTAL, J.
Counsel for the petitioner states that the petition may be dismissed as withdrawn with liberty to file a fresh petition with better particulaRs.Dismissed as withdrawn with liberty aforesaid.
(REKHA MITTAL) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 107 CRM-M-29491-2013 TEJPAL SINGH VS STATE OF PUNJAB Present: Mr.Ramandeep Singh Pandher, Advocate, for the petitioner --- Notice of motion for 1.10.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 108 CRM-38695-2013 in CRM not M- 25528 of 2013 PARMINDER SINGH VS STATE OF PUNJAB Present: Mr.Vikram Preet Arora, Advocate, for the applicant --- To be heard with the main case.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 109 CRM-M-29469-2013 HIRDEY RAM VS STATE OF HARYANA Present: Mr.Johan Kumar, Advocate, for the petitioner --- Notice of motion for 8.10.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 110 CRA-S-2964-SB-2013(O&M) KULDEEP & ANR VS STATE OF HARYANA Present: Mr.Rajender Kumar, Advocate, for Mr.Aman Pal,Advocate for the appellants --- CRA not S-2964 -SB of 2013 Heard.
Admitted.
CRM No.39235 of 2013 No case for staying recovery of fine is made out.
Dismissed.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 111 CRA-S-2971-SB-2013 (O&M) ASHOK VS STATE OF HARYANA Present: Mr.V.S.Haritwal, Advocate, for the appellant --- CRA not S-2971-SB of 2013 Heard.
Admitted.
CRM No.39309 of 2013 No case for staying recovery of fine is made out.
Dismissed.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 112 CRM-38924-2013 in CRA not S-1035-SB of 2012 MUNNA VS STATE OF PUNJAB Present: Mr.P.S.Punia, Advocate, for the applicant-appellant --- Notice of the application for suspension of sentence for 6.11.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 113 CRM-39028-2013 in CRA not S- 3299-SB of 2012 LAKHWINDER SINGH etc.VS STATE OF PUNJAB Present: Mr.JBS Gill, Advocate, for the applicant-appellant No.3 --- Counsel for the applicant-appellant No.3 submits that applicant, mother-in-law of the deceased has undergone more than one year's actual custody out of total sentence of seven yeaRs.The minot child left behind by the deceased is also in jail as all the family members of the husband have been convicted for the crime.
Notice of the application to Advocate General, Punjab.
On the asking of Court, Mr.Neeraj Sharma, AAG, Punjab accepts notice.
He is directed to file response to para 09 of the petition along with custody certificate of the applicant-appellant No.3.
Adjourned to 6.11.2013 (REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 114 CRM-39086-2013 in CRA not S-2309-SB of 2013 SUMIT PASSI @ SONU VS STATE OF HARYANA Present: Mr.Parminder Singh, Advocate, for the applicant-appellant --- Notice of the application for suspension of sentence for 8.11.2013.
(REKHA MITTAL ) JUDGE 05 09.2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 115 CRR-2794-2013(O&M) SATNAM SINGH VS STATE OF PUNJAB *** Present: Mr.Vaibhav Narang, Advocate for the petitioner *** Counsel for the petitioner requests for an adjournment to place statement of the complainant recorded during trial, on record.
Adjourned to 4.10.2013.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 117 CRM-M-29559-2013 KAMALJIT AND OTHERS VS STATE OF PUNJAB & ORS *** Present: Mr.Mohinder Kumar, Advocate for the petitioners *** Be listed before some other Bench after obtaining orders from Hon'ble the Chief Justice.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 119 CRM-39093-2013 in CRM not M- 21502 of 2013 M/S RASI SEEDS (P) LTD.AND OTHERS VS BHAGWAT DAYAL *** Present: Mr.P.S.Hundal, Senior Advocate with Mr.Dinesh Trehan, Advocate for the applicant-petitioner No.2 *** Counsel for the applicant-petitioner No.2 prays that a direction may be issued to the trial Court to consider the prayer of the petitioners for exemption from personal appearance, as he would put in appearance before the trial Court on 19.9.2013.
The applicant may move an application seeking exemption from personal appearance which shall be disposed of by the trial Court on its merit.
Application stands disposed of accordingly.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh In the High Court of Punjab and Haryana at Chandigarh Crl.
Misc.
not M-29444 of 2013 Date of Decision: September 05, 2013 Ajit Singh ---Petitioner versus State of Punjab and others ---Respondents Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.PBS Goraya, Advocate for the petitioner *** REKHA MITTAL, J.
The petitioner has approached this Court under Section 482 of the Code of Criminal Procedure for issuance of direction to respondent Nos.2 and 3 to take appropriate action in accordance with law against respondent Nos.4 and 5 for demolishing his house with an intention to grab his share of land and for harassing and threatening him.
Counsel for the petitioner submits that Ajit Singh is a simpleton man, has two brothers namely Satpal Singh and Rachpal Singh, respondent Nos.4 and 5, who are members of police force and they are taking law in their hands, causing harassment and extending threats to the petitioner to deprive him of his share in the joint land, demolished his house and dispossessed him from that house.
The petitioner may resort to appropriate proceedings under law for recovery of his share of theka (lease money) and restoration of Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh Crl.
Misc.
not M-29444 of 2013 -2- possession of his house, if so advised.
However, keeping in view threat perception of the petitioner, the petition is disposed of with a direction to the Senior Superintendent of Police, Amritsar Rural, to look into the grievance of the petitioner and take appropriate steps, if any, warranted in the circumstances, in accordance with law.
(REKHA MITTAL) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 121 CRM-M-29215-2013 ISHRAWATI & ANR VS UT OF CHANDIGARH & ANR *** Present: Mr.Y.P.Singh, Advocate for the petitioners *** Through the present petition, the petitioners have prayed for quashing of FIR No.116 dated 28.4.2011 for offence under Sections 498- A, 406 IPC registered at Police Station, Sector-11, Chandigarh on the basis of compromise (Annexure P-2).Notice of motion for 13.12.”
2013. Parties are directed to appear before the trial Court/Illaqa Magistrate on 7.10.2013 for recording their statements with regard to compromise/settlement.
The trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (1)number of persons arrayed as accused (2)whether any accused is P.O.(3)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh In the High Court of Punjab and Haryana at Chandigarh Crl.
Misc.
not M-29576 of 2013 Date of Decision: September 05, 2013 Dharminder Singh ---Petitioner versus State of Punjab and others ---Respondents Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.Jagmeet Singh, Advocate for the petitioner *** REKHA MITTAL, J.
The petitioner prays for issuance of direction to official respondents to protect his life and liberty from respondent Nos.4 and 5.
The allegations set out in the petition reveals that the main grievance of the petitioner is that respondent No.4 paid him Rs.6,00,000/- in place of Rs.8,50,000/- in respect of a transaction for sale of land measuring 05 killas.
The petitioner can resort to appropriate remedy under law for his grievance for the amount, however, the petitioner has levelled allegations against respondent No.5, Station House Officer, Police Station, Taragarh, District Pathankot that he has extorted an amount of Rs.50,000/- from the petitioner and got his signatures on blank paper and pressurizing him to compromise the matter with respondent No.4.
The petition is disposed of with a direction to the Senior Superintendent of Police, Pathankot to look into the grievances of the petitioner against Vipin Kumar, Station House Officer, Police Station, Taragarh, District Pathankot and take appropriate action warranted in the circumstances with a further direction to send a report to this Court in this regard.
(REKHA MITTAL) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 122 CRM-M-29236-2013 M/S MILLENNIUM ENGINEERS THROUGH ITS PROPRIETOR SATBIR SINGH DOON AND ANR.
versus STATE OF HARYANA AND ANR.
*** Present: Mr.Shiv Kumar, Advocate for the petitioners *** Through the present petition, the petitioners have prayed for quashing of FIR No.270 dated 30.5.2013 for offence under Section 304 IPC (lateron converted into Section 304-A IPC).registered at Police Station, Palam Vihar, Gurgaon, on the basis of compromise (Annexure P-2).Notice of motion for 13.12.2013.
Parties are directed to appear before the trial Court/Illaqa Magistrate on 24.9.2013 for recording their statements with regard to compromise/settlement.
The trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (1)number of persons arrayed as accused (2)whether any accused is P.O.(3)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 123 CRM-M-29382-2013 VIJAY CHAPPRI & ORS VS STATE OF PUNJAB & ORS *** Present: Mr.Saurabh Chugh, Advocate for the petitioners *** Through the present petition, the petitioners have prayed for quashing of FIR No.95 dated 21.6.2008 for offence under Sections 326, 324, 34 IPC, registered at Police Station, City South, Moga on the basis of compromise (Annexure P-2).Notice of motion for 13.12.2013.
Parties are directed to appear before the trial Court/Illaqa Magistrate on 7.10.2013 for recording their statements with regard to compromise/settlement.
The trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (4)number of persons arrayed as accused (5)whether any accused is P.O.(6)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 124 CRM-M-29463-2013 MAJOR SINGH AND ORS VS STATE OF PUNJAB AND ANR *** Present: Mr.KBS Mann, Advocate for the petitioners *** Through the present petition, the petitioners have prayed for quashing of FIR No.137 dated 4.10.2007 for offence under Sections 406, 498-A IPC, registered at Police Station, Lambi, District Sr.Muktsar Sahib on the basis of compromise (Annexure P-2).Notice of motion for 13.12.2013.
Parties are directed to appear before the trial Court/Illaqa Magistrate on 7.10.2013 for recording their statements with regard to compromise/settlement.
The trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (7)number of persons arrayed as accused (8)whether any accused is P.O.(9)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 125 CRM-M-29470-2013 UMESH KUMAR VS STATE OF PUNJAB & ANR *** Present: Mr.APS Sandhu, Advocate for the petitioner *** Through the present petition, the petitioner has prayed for quashing of FIR No.62 dated 30.6.2013 for offence under Sections 498-A, 406 IPC, registered at Police Station, Islamabad, District Amritsar City on the basis of compromise (Annexure P-2).Notice of motion for 13.12.2013.
Parties are directed to appear before the Illaqa Magistrate on 7.10.2013 for recording their statements with regard to compromise/settlement.
The Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (10)number of persons arrayed as accused (11)whether any accused is P.O.(12)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 127 CRM-M-29551-2013 PURAN CHAND GARG AND ANOTHER VS STATE OF PUNJAB AND ANOTHER *** Present: Mr.Aayush Gupta, Advocate for the petitioners *** Through the present petition, the petitioners have prayed for quashing of FIR No.51 dated 10.10.2012 for offence under Section 31 of the Protection of Women from Domestic Violence Act, 2005 registered at Police Station, Moti Nagar, District Ludhiana on the basis of compromise (Annexure P-2).Notice of motion for 13.12.2013.
Parties are directed to appear before the trial Court/Illaqa Magistrate on 17.9.2013 for recording their statements with regard to compromise/settlement.
The trial Court/Illaqa Magistrate is directed to submit a report on or before the next date of hearing containing the following information:- (13)number of persons arrayed as accused (14)whether any accused is P.O.(15)Whether the compromise is genuine, voluntary and without any coercion or undue influence.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 128 CRM-M-29572-2013 BALKAR SINGH & ANR VS STATE OF PUNJAB & ORS *** Present: Mr.Avtar S.Khinda, Advocate for the petitioners *** Counsel for the petitioners submits that FIR has been lodged by Geeta, mother of respondent No.3 on allegations of kidnapping/abduction etc.but Rama Rani voluntarily performed marriage with petitioner No.2 Vikram and is staying with him as his wife.
Notice of motion for 13.11.2013.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh 129 CRM-M-29586-2013 SANJEEV KAPOOR VS STATE OF HARYANA & ANR *** Present: Mr.Amit Chaudhary, Advocate for the petitioner *** Counsel for the petitioner prays for an adjournment to place copies of FIR and report under Section 173 Cr.P.C., on record.
Adjourned to 13.9.2013.
(REKHA MITTAL ) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh In the High Court of Punjab and Haryana at Chandigarh Crl.
Misc.
not M-29485 of 2013 Date of Decision: September 05, 2013 Lalit Kaushal and others ---Petitioner versus State of Punjab ---Respondent Coram: Hon'ble MRS.Justice Rekha Mittal Present: Mr.K.S.Kahlon, Advocate for the petitioners *** REKHA MITTAL, J.
The petitioneRs.through this petition filed under Section 482 of the Code of Criminal Procedure, pray for quashing of FIR No.41 dated 31.5.2013 for offence under Sections 498-A and 406 IPC registered at Police Station Behram District Shaheed Bhagat Singh Nagar.
Counsel for the petitioners is fair enough to concede that the matter is still pending before the Investigating agency.
The Division Bench of this Court in Crl.
Appeal No.28 DBA of 1991 (State of Punjab versus Pritam Chand and others).decided on 25.1.2013, after a detailed consideration of the various judgments rendered by this Court and Hon'ble the Supreme Court has culled out certain principles, which have been summarized in para 42.
Sub para (ii) of para 42 lays down as under:- “(ii) A complaint on the basis of which FIR has been registered or a criminal complaint under Section 200 Cr.P.C.Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh Crl.
Misc.
not M-29485 of 2013 -2- cannot be quashed at the threshold by the High Court in exercise of its inherent or constitutional jurisdiction not are the complainant or the investigating agency, as the case may be, expected to produce the relevant material at the initial stage for consideration of a court of competent jurisdiction for the formation of its opinion whether or not a prima facie case as per the ingredients descripted in different provisions of Indian Penal Code or any other Penal Law, is made out.”
In the light of the aforestated judgment passed by this Court, the present petition is liable to be dismissed being pre-mature and is ordered accordingly.
(REKHA MITTAL) JUDGE September 05, 2013 PARAMJIT Saini Paramjit Kaur 2013.09.06 16:09 I attest to the accuracy and integrity of this document Chandigarh