Neelam JaIn and Others Vs. State of Punjab and Others - Court Judgment

SooperKanoon Citationsooperkanoon.com/1042563
CourtPunjab and Haryana High Court
Decided OnFeb-01-2013
AppellantNeelam JaIn and Others
RespondentState of Punjab and Others
Excerpt:
crm-m-3044-2013 (o&m) in the high court of punjab and haryana at chandigarh crm-m-3044-2013 (o&m).date of decision: february 1, 2013. neelam jain and others ....petitioners versus state of punjab and others ....respondents coram: hon'ble mr.justice m.m.s.bedi present mr.ashok singla, advocate, for the petitioners.m.m.s.bedi, j. (oral) through the instant petition under section 482 cr.p.c., 11 petitioners have sought quashing of fir no.105 dated 18.9.2010, under sections 420, 406 & 120-b ipc and sections 4 & 5 of provisions of chit money collection bonus act, 1978, registered at police station, bhikhi, district mansa, inter alia, on the ground that even if the allegations in the fir are presumed to be correct, no offence is made out against the petitioners on asking of the court, counsel informs that charge sheet has been filed in the court and that the matter is fixed for consideration of charges on 15.2.2013. without expression of any opinion on merits of the case, it is sufficient to observe here that if on perusal of the report under section 173 (2) cr.p.c., along with the other documents appended to it, the trial court finds that the material is not sufficient enough warranting framing of charges the court can drop the proceedings. since the entire report under section 173 (2) cr.p.c., is not before this court, it will not be appropriate in the exercise of powers under section 482 cr.p.c.to take in hand the matter of quashing. 1 crm-m-3044-2013 (o&m) this petition is disposed of with liberty to the petitioners to raise all the pleas taken up in this petition and satisfy the court that the unrebutted allegations and the material gathered against the petitioner during the cours.of investigation does not constitute any offence qua the petitioners.the trial court is expected to consider all the contentions of the petitioners and pass a speaking order taking into consideration the alleged role attributed to each of the petitioners as per the allegations in the fir and the material forming part of report under section 173 (2) cr.p.c.(m.m.s.bedi) february 1, 2013. judge rka 2
Judgment:

CRM-M-3044-2013 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-3044-2013 (O&M).Date of decision: February 1, 2013.

Neelam Jain and others ....Petitioners Versus State of Punjab and others ....Respondents CORAM: HON'BLE Mr.JUSTICE M.M.S.BEDI PRESENT Mr.Ashok Singla, Advocate, for the petitioneRs.M.M.S.BEDI, J.

(ORAL) Through the instant petition under Section 482 Cr.P.C., 11 petitioners have sought quashing of FIR No.105 dated 18.9.2010, under Sections 420, 406 & 120-B IPC and Sections 4 & 5 of provisions of Chit Money Collection Bonus Act, 1978, registered at Police station, Bhikhi, District Mansa, inter alia, on the ground that even if the allegations in the FIR are presumed to be correct, no offence is made out against the petitioners On asking of the Court, counsel informs that charge sheet has been filed in the Court and that the matter is fixed for consideration of charges on 15.2.2013.

Without expression of any opinion on merits of the case, it is sufficient to observe here that if on perusal of the report under Section 173 (2) Cr.P.C., along with the other documents appended to it, the trial Court finds that the material is not sufficient enough warranting framing of charges the Court can drop the proceedings.

Since the entire report under Section 173 (2) Cr.P.C., is not before this Court, it will not be appropriate in the exercise of powers under Section 482 Cr.P.C.to take in hand the matter of quashing.

1 CRM-M-3044-2013 (O&M) This petition is disposed of with liberty to the petitioners to raise all the pleas taken up in this petition and satisfy the Court that the unrebutted allegations and the material gathered against the petitioner during the couRs.of investigation does not constitute any offence qua the petitioneRs.The trial Court is expected to consider all the contentions of the petitioners and pass a speaking order taking into consideration the alleged role attributed to each of the petitioners as per the allegations in the FIR and the material forming part of report under Section 173 (2) Cr.P.C.(M.M.S.BEDI) February 1, 2013.

JUDGE rka 2