Petition under Section 482 Cr.P.C. to quash FIR filed on same allegations after prior complaint led to discharge. Court dismissed petition at present stage as case marked for charge framing, allowing pleas to be raised later.
Petition dismissed; petitioners allowed liberty to raise pleas at framing of charge.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-22724 of 2012 (O&M)
DATE OF DECISION: 31.07.2012
Mehar Singh and others
..........Petitioners
Versus
State of Haryana and another
..........Respondents
BEFORE:- HON'BLE MRS. JUSTICE DAYA CHAUDHARY
Present:Mr. KS Dhaliwal, Advocate for the petitioners.
DAYA CHAUDHARY, J.
The present petition under Section 482 Cr.P.C. has been filed for quashing of FIR No. 1 dated 30.1.2010 registered under Sections 406, 409,420,467,468,471,120-B IPC at Police Station SVB Hisar, District Hisar on the ground that on the same set of allegations, criminal complaint was filed against petitioner No.1 and subsequently on the basis of same set of allegations but with some improvement, the present FIR has been registered against the petitioners. The allegations in the said complaint were found false and accordingly petitioner No.1 was discharged.
Admittedly, after presentation of the challan, the case is fixed for framing of the charge. No ground is made out to quash the FIR at this stage.
Accordingly, petition is dismissed at this stage.
However, the petitioners are at liberty to raise all the pleas raised in this petition at the time of framing of the charge.
(DAYA CHAUDHARY) JUDGE
July 31, 2012 pooja
1 issue framed by the court
Whether the FIR registered on same allegations after prior discharge should be quashed at present stage.
1 provisions across 1 enactments
Mehar Singh and others
State of Haryana and another
Daya Chaudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
