The Court dismissed a petition under Section 482 Cr.P.C. seeking quashing of an FIR. The mere fact that witnesses did not support the prosecution case was held insufficient to quash the proceedings as no ground for quash was made out.
Petition for quashing of FIR dated 21.6.2007 was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Criminal Miscellaneous No. M-14802 of 2008 Date of Decision: August 07, 2008
Aman Deep Kumar @ Lally & Others
.....PETITIONER(S)
VERSUS
State of Punjab & Another
.....RESPONDENT(S)
. . .
CORAM: HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: - Mr. Munish Gupta, Advocate, for the petitioners.
. . .
AJAI LAMBA, J (Oral)
The petition has been filed under Section 482 Cr.P.C. for quashing FIR No.187 dated 21.6.2007 lodged under Sections 304, 148, 149 IPC, Police Station, City, Phagwara, District Kapurthala.
Learned counsel for the petitioner has confirmed the fact that evidence has been recorded. Contention only is that because the witnesses have not supported the prosecution case, therefore, FIR and proceedings be quashed.
No ground for quashing, in the facts and circumstances of the case, is made out.
Petition is dismissed.
(AJAI LAMBA)
Crl. Misc. No. M- of 2008 [2]
August 07, 2008 JUDGE avin
2 issues framed by the court
Whether FIR and proceedings should be quashed solely because witnesses did not support the prosecution case.
Whether the facts and circumstances of the case disclose any ground for quashing the proceedings.
2 provisions across 2 enactments
Aman Deep Kumar @ Lally & Others
State of Punjab
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
