The High Court dismissed the revision petition under Section 482 Cr.P.C. seeking quashing of an order discharging the respondent of Section 420 IPC, finding no ground for interference due to civil suit dismissal and ten-year delay.
Revision petition dismissed; respondent remains discharged.
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 FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-14948 of 2012 (O&M) Date of decision: September 20, 2012.
Sukhbir Singh
... Petitioner(s)
v.
Jagdish Singh
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri P.S. Jammu, Advocate, for the petitioner.
Paramjeet Singh, J. (Oral):
Present petition has been filed under Section 482 Cr.P.C. seeking quashing of the impugned order dated 3.3.2011 passed by Judicial Magistrate First Class, Sirsa vide which the respondent has been discharged of the offence under Section 420 IPC.
Admittedly, the complainant-petitioner and the respondent had entered into an agreement/exchange deed for exchange of a truck and land on 26.9.1994. The petitioner had filed a civil suit which stands dismissed. Having failed in the civil proceedings, the petitioner filed a criminal complaint in which, after considering the pre-charge evidence, learned Magistrate discharged the accused-respondent, and the revision petition filed by the petitioner also failed. Having failed in the civil proceedings, the petitioner waited for more than ten years to launch criminal proceedings.
No ground is made out for interference with the concurrent findings of fact returned by the two courts below.
Dismissed.
[ Paramjeet Singh ] September 20, 2012. Judge kadyan
2 issues framed by the court
Whether the High Court should interfere under Section 482 Cr.P.C. given the petitioner's failure in civil proceedings and ten-year delay before filing the criminal complaint.
Whether the concurrent findings of fact of two courts below require interference when no ground is made out.
2 provisions across 2 enactments
Sukhbir Singh
Jagdish Singh
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
