Present: Mr.Paramjit Singh Brar Advocate Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1153668
CourtPunjab and Haryana High Court
Decided OnJun-30-2014
AppellantPresent: Mr.Paramjit Singh Brar Advocate
RespondentState of Punjab and Another
Excerpt:
crm-m-19684-2014 1 in the punjab & haryana high court at chandigarh crm-m-19684-2014 date of decision : 30.06.2014 suparana modgil ..petitioner versus state of punjab and another ..respondents coram: hon'ble mrs.justice rekha mittal present: mr.paramjit singh brar, advocate for the petitioner. rekha mittal, j.(oral) the petitioner, through the instant petition filed under section 482 of the code of criminal procedure, prays for quashing of fir no.325 dated 12.12.2013 for offence under sections 380, 506, 120-b of the indian penal code, registered at police station civil lines, patiala, district patiala. counsel for the petitioner is fair enough to concede that investigation is still in progress and challan has not been presented in the court. 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 davinder kumar registered or a criminal complaint under section 200 2014.07.02 14:25 i attest to the accuracy and integrity of this document crm-m-19684-2014 2 cr.p.c.cannot be quashed at the threshold by the high court in exercise of its inherent or constitutional jurisdiction nor 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 aforesaid judgment passed by this court, the petition is dismissed being pre-mature as the investigation is still in progress. (rekha mittal) judge june 30, 2014. davinder kumar davinder kumar 2014.07.02 14:25 i attest to the accuracy and integrity of this document
Judgment:

CRM-M-19684-2014 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRM-M-19684-2014 Date of decision : 30.06.2014 Suparana Modgil ..Petitioner Versus State of Punjab and another ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.Paramjit Singh Brar, Advocate for the petitioner.

REKHA MITTAL, J.(ORAL) The petitioner, through the instant petition filed under Section 482 of the Code of Criminal Procedure, prays for quashing of FIR No.325 dated 12.12.2013 for offence under Sections 380, 506, 120-B of the Indian Penal Code, registered at Police Station Civil Lines, Patiala, District Patiala.

Counsel for the petitioner is fair enough to concede that investigation is still in progress and challan has not been presented in the Court.

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 Davinder Kumar registered or a criminal complaint under Section 200 2014.07.02 14:25 I attest to the accuracy and integrity of this document CRM-M-19684-2014 2 Cr.P.C.cannot be quashed at the threshold by the High Court in exercise of its inherent or constitutional jurisdiction nor 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 aforesaid judgment passed by this Court, the petition is dismissed being pre-mature as the investigation is still in progress.

(REKHA MITTAL) JUDGE June 30, 2014.

Davinder Kumar Davinder Kumar 2014.07.02 14:25 I attest to the accuracy and integrity of this document