Petitioners sought quashing of an FIR regarding a will dispute. The High Court dismissed the writ petition as premature, holding that no challan had been presented and investigation was at an initial stage.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-20075-2014 (O&M). Decided on: October 28, 2014.
Gurmej Singh and another
..... Petitioner(s)
Versus
State of Punjab and another
..... Respondent(s)
CORAM: HON'BLE MR. JUSTICE M.M.S. BEDI
PRESENT Mr.Premjit Kalia, Advocate, for the petitioners.
M.M.S. BEDI, J (ORAL).
Petitioners seek quashing of FIR registered at the instance of Puran Singh alleging that the petitioner in connivance with Numberdar Kuldeep Singh had prepared a Will dated 6.1.1994.
Counsel for the petitioners submits that the Will has been upheld by the Civil Court vide Annexure P2 and the appeal filed by the complainant Puran Singh has also been dismissed. It is submitted that in view of the Will having been upheld by the Civil Court, the registration and continuation of criminal proceedings is an abuse of process of the Court.
On asking of the Court, it has been informed that the police has not presented the challan and that the investigation is at initial stage.
In view of above said circumstance, I am of the considered opinion that this petition for quashing of FIR is pre-mature as on the basis of the allegations in the FIR, neither any challan has been presented nor any steps have been taken to put the petitioners to trial.
Dismissed as pre-mature, at this stage.
(M.M.S. BEDI) JUDGE
October 28, 2014. rka
RAJ KUMAR ARORA 2014.10.29 14:47 I attest to the accuracy and authenticity of this document
1 issue framed by the court
Whether a petition for quashing of an FIR is maintainable at the initial stage of investigation before a challan is presented.
Gurmej Singh
State of Punjab
M.M.S. BEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
