Dismissed

Avtar Singh v. State of Punjab and Anr.

Punjab & Haryana HC24 Sept 2013CRM-M/20559/2012

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed a petition under Section 482 CrPC seeking quashing of an FIR for theft as the challan was presented and charges were framed against the petitioner, leaving pleas for trial.

What did the court decide?

The petition for quashing of the FIR and consequential proceedings was dismissed; petitioner retained liberty to raise pleas during trial.

Avtar Singh Vs State of Punjab and Anr. — Quashing and FIR | Punjab & Haryana HC (2013)

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CRM No.M-20559 of 2012 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM No.M-20559 of 2012 (O&M) Date of decision:24.09.2013

Avtar Singh

....Petitioner

Versus

State of Punjab and another

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....Respondents

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CORAM: HON'BLE MRS. JUSTICE SABINA

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Present: Mr. Sachin Jain, Advocate for the petitioner.

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Mr. Neeraj Yadav, AAG, Punjab.

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Mr. S.P.Soi, Advocate for respondent No.2.

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SABINA, J

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Petitioner has filed the petition under Section 482 Code of Criminal Procedure,1973 for quashing of FIR No.99 dated 14.05.2012 registered under Section 379 Indian Penal Code('IPC' in short) (Sections 447 and 511 IPC added later) at Police Station Nakodar, District Jalandhar (Annexure P-1) along with all consequential proceedings arising therefrom.

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Learned counsel for the petitioner has submitted that petitioner is in possession of the land in question since May, 2010. Hence, petitioner cannot be said to have committed the offence of theft or criminal conspiracy qua the land which was in his possession.

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Kadian Savita 2013.09.25 16:54 I attest to the accuracy and integrity of this document High Court Chandigarh

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CRM No.M-20559 of 2012 (O&M)

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Learned counsel for the the petitioner has further submitted that the petitioner has filed a civil suit for permanent injunction against Palwinderjit Singh and in the said proceedings parties have been directed to maintain status quo with regard to possession over the land in question.

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On the other hand, learned State counsel as well as counsel for respondent No.2 have submitted that after thorough investigation of the case, challan has been presented against the petitioner. Now during the pendency of the petition, charges have been framed against the petitioner.

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Prosecution story in brief is that Lakhbir Singh was owner of the land in question and mortgaged the same with Palwinderjit Singh. Complainant had taken the land on lease for two years from Palwinderjit Singh. Written agreement in this regard was executed between the parties. Complainant had earlier sown maize crop and had thereafter sown wheat crop. While the complainant had gone to Delhi about 25 days prior to registration of the FIR, petitioner had illegally cut and removed the wheat crop. In the present case, although, a suit for permanent injunction has been filed by the petitioner against Palwinderjit Singh and in the said proceedings parties have been directed to maintain status quo with regard to possession but both the sides are claiming possession over the land in dispute. The case of the complainant as per the FIR is that he was in possession of the land and his wheat crop has been illegally cut

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Kadian Savita 2013.09.25 16:54 I attest to the accuracy and integrity of this document High Court Chandigarh

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CRM No.M-20559 of 2012 (O&M)

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and removed by the petitioner while he had gone to Delhi.

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After thorough investigation of the case, challan has been presented and charges have been framed against the petitioner. In these circumstances, no ground is made out for quashing of the FIR (Annexure P-1). However, petitioner would be at liberty to take up all the pleas available to him during trial.

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Dismissed.

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September 24, 2013 savita

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(SABINA) JUDGE

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Kadian Savita 2013.09.25 16:54 I attest to the accuracy and integrity of this document High Court Chandigarh

Avtar Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

Avtar Singh v. State of Punjab and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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