In a quashing petition under CrPC, the High Court of Punjab & Haryana dismissed the plea to quash an FIR for cheating. TheRespondents submitted that a chargesheet was already filed and trial was underway, and the petitioner faced multiple similar cases.
The petition for quashing of FIR No. 289 dated 22.11.2007 was dismissed.
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.
Crl. Misc. No. M-31388 of 2011 (O&M) -1-
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Crl. Misc. No. M-31388 of 2011 (O&M) Date of decision : 30.07.2012
Sukhwinder Singh @ Bittu
....Petitioner
versus
State of Punjab and another
...Respondents
CORAM: Hon'BLE MS. JUSTICE RITU BAHRI
Present: Mr. Narinder S. Lucky, Advocate for the petitioner
Mr. Rajinder Mathur, AAG, Punjab Mr. G.S. Nagra, Advocate for respondent No. 2
RITU BAHRI , J. (Oral)
Quashing of FIR No. 289 dated 22.11.2007 under Sections 406/420 of IPC, registered at Police Station Gobindgarh, District Fatehgarh Sahib (P-1) is sought.
F.I.R was registered at the statement of respondent No. 2 alleging therein that on 15.11.2005, all the accused came to the house of the complainant and proposed to send the son of the complainant abroad. They demanded ` 13,00,000/- from the complainant and took the passport of the son of the complainant namely Harjinder Singh on 15.11.2005. On 23.11.2005, they got the visa of Nigeria on the passport of his son. They told him on telephone that your son has
been granted visa for Nigeria country and further demanded 2,50,000/- by 25.11.2005 for purchase of ticket. The complainant also gave 2,50,000/- to the
Crl. Misc. No. M-31388 of 2011 (O&M) -2-
accused persons. In December, 2005, the son of the complainant Harjinder Singh was sent to Nigeria and they said that they will got visa of Canada from Nigeria. On 06.12.2005, they further demanded 3,50,000/- for sending the son of the complainant to Canada from Nigeria. On 07.12.2005, the complainant paid 3,50,000/- to Lakhvir Singh. However, in the end of December 2005, the son of the complainant was sent back to India. In the above background, F.I.R was registered against the accused.
On notice, a reply has been filed on behalf of respondent No. 2 stating therein that after investigation, charge sheet has already been filed against the petitioner and the trial is going on. The petitioner is also accused in number of other cases registered against him and one of the F.I.R No. 134 dated 21.06.2007 u/s 406/420 IPC, P.S. Gobindgarh, Distt. Fatehgarh Sahib. As per the details given in the F.I.R, the petitioner has committed fraud of 7,50,000/-. However as per respondent No. 2, the petitioner and others cheated the respondent of 12,75,000/-. The petitioner is a travel agent (kabutar Baj) and number of cases have been registered against him. The petitioner was present with Lakhbir Singh when the amount was given.
These facts have not been controverted by the learned counsel for the
petitioner.
In view of the above, no ground is made out to quash the above said
F.I.R.
Dismissed.
(RITU BAHRI) JUDGE
30.07.2012
G.Arora
2 issues framed by the court
Whether the chargesheet filed and ongoing trial precludes quashing of the FIR under Sections 406 and 420 of IPC.
Whether the allegations of continuing fraud against the petitioner justify maintenance of the FIR.
Sukhwinder Singh @ Bittu
State of Punjab
Respondent No. 2
RITU BAHRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
