Petition for quashing FIR under Section 482 CrPC dismissed as proceedable. Court held that discharge of some petitioners pending judicial review and charge-framing issue of another prevents deciding quashing plea.
Criminal Misc. No. 14125 -M of 2009 disposed of; Petitioner No. 2 directed to challenge order framing charges.
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 AND HARYANA AT CHANDIGARH.
Criminal Misc. No.14125 -M of 2009 (O&M)
DATE OF DECISION : SEPTEMBER 14, 2011
SANT SARUP SINGH & ORS.
....... PETITIONER(S)
VERSUS
STATE (UT) CHANDIGARH.
.... RESPONDENT(S)
CORAM : HON'BLE MR. JUSTICE AJAI LAMBA
PRESENT: Mr. GS Dhillon, Advocate, for the petitioner(s). Mr. Hemant Bassi, Advocate, for respondent.
AJAI LAMBA, J. (Oral)
This petition has been filed under Section 482, Code of Criminal Procedure, praying for quashing of FIR No.85 dated 25.02.2009 under Sections 420, 465, 468, 471, 120-B, Indian Penal Code, Police Station, Sector 34, Chandigarh (Annexure P-1).
Learned counsel for the respondent-State, on instructions from Sub Inspector Shadi Lal, contends that petitioners No.1 and 3 have been discharged vide order dated 29.3.2010, passed by the trial court. A revision has been carried against the order of discharge by the State. So far as petitioner No.2 is concerned, the order of charge has not been challenged.
Because the issue of discharge of petitioners No.1 and 3 is pending adjudication before the revisional court/court of Sessions, this petition is disposed of.
Petitioner No.2 can avail remedy of challenging the
order framing charges.
September 14, 2011 ( AJAI LAMBA ) Kang JUDGE
1 issue framed by the court
Whether criminal miscellaneous petition filed under Section 482 CrPC for quashing of FIR can be disposed of while discharge/charge issue is pending in revisions.
1 provisions across 1 enactments
SANT SARUP SINGH & ORS.
STATE (UT) CHANDIGARH
AJAI LAMBA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
