The High Court of Punjab and Haryana dismissed a petition seeking quashing of an FIR registered under Section 384 IPC alleging that a petitioner, a Home Guard Constable, extorted money by stopping a vehicle for not wearing a seat belt. The court held the facts did not warrant quashing and dismissed the petition.
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. M-22263 of 2011 (O&M) Date of Decision: 26.7.2011.
Raj Pal
….Petitioner
Versus
State of Haryana and others
…..Respondents.
CORAM: HON’BLE MR. JUSTICE NAWAB SINGH
Present: Mr. Namit Sharma, Advocate, for the petitioner.
NAWAB SINGH, J. (ORAL)
By filing this petition, petitioner seeks quashing of the First Information Report No.662 dated 19.5.2011 (Annexure P1) under Section 384 of the Indian Penal Code, Police Station City Panipat.
FIR was registered on the statement of Sanjay. On May 19th , 2011 at about 12.05 a.m. he was going in his car bearing No.HR-59-4553 from City Panipat to his house. On the way in front of S.D. College, petitioner, who was in uniform, stopped his vehicle and forcibly took Rs.100/- from him as he was not wearing the seat belt. Petitioner was a Home Guard Constable. He was immediately arrested by the police.
Aforesaid facts and circumstances do not warrant quashing of the FIR at all.
Dismissed.
(NAWAB SINGH) JUDGE
26.07.2011. Ishwar
2 issues framed by the court
Whether the FIR alleging extortion under Section 384 IPC warrants quashing under Section 384 CrPC.
Whether the facts and circumstances of the deposition of the victim warrant quashing of the First Information Report.
1 provisions across 1 enactments
Raj Pal
State of Haryana
NAWAB SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
