In a criminal miscellaneous petition under Section 482 Cr.P.C., the High Court rejected the petitioner's plea for adding additional accused persons, dismissing the petition as the investigation was ongoing and the plea regarding a cancellation report lacked merit.
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.
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Crl. Misc. No. M-14467 of 2011 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-14467 of 2011 (O&M)
DATE OF DECISION: 19.05.2011
Boota Singh
..........Petitioner
Versus
State of Punjab and others
..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:Mr. A.K. Lamdharia, Advocate for the petitioner.
DAYA CHAUDHARY, J.
Crl. Misc. No. 26054 of 2011
Application is allowed as prayed for.
Crl. Misc. No. M-14467 of 2011
The present petition under Section 482 Cr.P.C. has been filed on behalf of Boota Singh for issuing directions to official respondents No.1 to 3 to add respondents No.4 and 5 as accused in case FIR No. 172 dated 24.11.2010 registered under Sections 420/120-B IPC at Police Station City Jalalabad.
Learned counsel for the petitioner contends that inspite of specific roles attributed to respondents No.4 and 5 and legal opinion obtained, their names have not been added in the FIR Learned counsel further contends that the police is going to file cancellation report in the case.
Admittedly the matter is under investigation and the same has
Crl. Misc. No. M-14467 of 2011 (O&M) (2) not been completed so far. Whether the investigating agency is filing cancellation report or not has not been finalized so far and there is nothing on record to show anything. Simply by stating that a cancellation report is being filed by the police is not going to help the petitioner. At this stage, when the investigation is under progress, no direction can be issued. There is no merit in the petition and the same is dismissed accordingly.
May 19, 2011 pooja
(DAYA CHAUDHARY) JUDGE
Note:-Whether this case is to be referred to the Reporter .......Yes/No
2 issues framed by the court
Whether directions should be issued under Section 482 Cr.P.C. to add additional accused persons in an FIR during investigation.
Whether a petition filed alleging that a cancellation report is being filed merits intervention at this stage.
1 provisions across 1 enactments
Boota Singh
State of Punjab
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
