The petitioners sought to quash an FIR under Section 482 CrPC. The Court dismissed the petition holding that since the trial court had framed charges and no remedy was availed against the framing order, there was no ground to exercise inherent jurisdiction.
Petition for quashing of FIR and consequential proceedings was dismissed.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl.M.No. M-26257/2010(O&M) Date of decision: 6.10.2010.
Kirtan Bala and another
....................Petitioners
v.
State of Punjab and another
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present:Mr.Amit Mehta,Advocate for the petitioners.
Jaswant Singh.J.(Oral)
Petitioners who are married Nanad and mother-in-law of complainant Manjit Kaur have invoked the jurisdiction of this Court under Section 482 Cr.PC for quashing of FIR No.151 dated 3.3.2009 under Sections 498-A/406/109 IPC PS Kotwali, Bathinda and all consequential proceedings arising therefrom.
At the time of hearing learned counsel for the petitioners very fairly concedes that in the present case challan has been presented, charges have been framed and the case is fixed for prosecution evidence. It is also not disputed that against the order of framing of charges no remedy was availed.
In view of the fact that the learned trial Court, on perusal of evidence collected by the Investigating Agency has framed the charges and no remedy was availed against the same, no ground to exercise jurisdiction under Section 482 Cr.PC is made out.
Dismissed.
6.10.2010 (Jaswant Singh) joshi Judge
1 issue framed by the court
Whether the High Court is justified in exercising jurisdiction under Section 482 CrPC to quash the FIR when challan has been presented and charges framed.
2 provisions across 2 enactments
Kirtan Bala
State of Punjab
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
